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Results: 1-10 of 8,379

11th Cir. Finds No Irreconcilable Conflict Between FDCPA and Bankruptcy Code
  • Maurice Wutscher LLP
  • USA
  • May 27 2016

In a much-anticipated follow-up to its 2014 decision in Crawford v. LVNV Funding, LLC, 738 F.3d 1254 (11th Cir. 2014), the U.S. Court of Appeals for


Lookback Period - Twelve Weeks (pt. 4)
  • Weil Gotshal & Manges LLP
  • USA
  • May 27 2016

Maurice Horwitz reported on the latest decision to interpret fraudulent transfer law in the context of the Madoff Ponzi scheme in In Madoff


Husky Is Not So Lucky for Debtors - the United States Supreme Court’s Recent Opinion on the Denial of Debt Dischargeability Under Bankruptcy Code 523(a)(2)(a)’s Actual Fraud Provision
  • Berger Singerman LLP
  • USA
  • May 26 2016

On May 16, 2016, the United States Supreme Court decided the term “actual fraud” in Bankruptcy Code 523(a)(2)(A) encompasses forms of fraud, like


Lookback Period - Twelve Weeks (pt 3)
  • Weil Gotshal & Manges LLP
  • USA
  • May 26 2016

That is the question answered by Sara Coelho in Bad Children: How One Court Used Alter Ego Doctrine to Uphold Reverse Veil Piercing.Sara discussed a


Landlords Beware: Termination of a Distressed Tenant’s Lease May Be Voidable In Bankruptcy
  • Jenner & Block LLP
  • USA
  • May 26 2016

Real Estate, Restructuring and Bankruptcy May 26, 2016 Landlords Beware: Termination of a Distressed Tenant's Lease May Be Voidable In By Donald S


Lookback Period - Twelve Weeks (pt 2)
  • Weil Gotshal & Manges LLP
  • USA
  • May 25 2016

Litigants sometimes may make a strategic decision to lie back and wait before asserting causes of action. As Yonit Caplow discussed in Fourth Circuit


Not So Fast - Supreme Court Holds Prepetition Fraudulent Transfer Precludes Post-Petition Discharge in Husky International
  • Orrick, Herrington & Sutcliffe LLP
  • USA
  • May 25 2016

One of the goals of the Bankruptcy Code is to provide a debtor with a fresh start. The discharge of prepetition debts at the conclusion of a


In re Thornton
  • Stoll Keenon Ogden PLLC
  • USA
  • May 25 2016

The bankruptcy court sustains the creditor’s objection to the proposed Chapter 13 plan, finding the creditor’s expert more credible than the debtor’s


Insured vs. Insured exclusions in post-insolvency claims
  • DAC Beachcroft LLP
  • USA
  • May 25 2016

A common query with D&O insurance coverage is whether post-insolvency claims against the insolvent company’s directors and officers trigger the


Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise
  • Holland & Hart LLP
  • USA
  • May 24 2016

The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation