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Results: 1-10 of 9,422

No Trustee Left Behind - Another Bankruptcy Court Requires Colleges to Return Tuition to the Bankruptcy Estate
  • Bryan Cave LLP
  • USA
  • February 13 2017

Another bankruptcy trustee catches another hapless college unaware. In Roach v. Skidmore College (In re Dunston), Bankr. S.D. Ga. (Jan 31, 2017), a


Chancery Court Reexamines the Limits of Indemnification of Corporate Directors, Officers, and Others
  • K&L Gates
  • USA
  • February 8 2017

In Dore v. Sweports, Ltd., C.A. No. 10513-VCL (Del. Ch. January 31, 2017), plaintiffs John A. Dore, Michael J. O’Rourke, and Michael C. Moody


4th Cir. Holds Escrow, Other Principal Residence Mortgage Loan Items Not Subject to Chapter 13 Bifurcation
  • Maurice Wutscher LLP
  • USA
  • February 13 2017

The U.S. Court of Appeals for the Fourth Circuit recently held that “escrow funds, insurance proceeds, or miscellaneous proceeds” are protected by the


U.S. Fifth Circuit Allows Receiver to Avoid Arbitration Clauses
  • Baker McKenzie
  • USA
  • February 1 2017

On January 31, 2017, the Fifth Circuit Court of Appeals authorized a court-appointed Receiver to avoid arbitration clauses contained in employment and


Ninth Circuit Holds That Rule Allowing Curing Debtors to Avoid Contractual Post-Default Interest Is No Longer Valid
  • Baker & Hostetler LLP
  • USA
  • February 14 2017

The Ninth Circuit recently ruled that a Chapter 11 debtor could not avoid the payment of default interest under a promissory note as a condition to


Objection to Proof of Claim Not Barred by Res Judicata
  • Smith Debnam Narron Drake Saintsing & Myers LLP
  • USA
  • February 9 2017

A Virginia bankruptcy court recently ruled that an objection to a proof of claim was not barred by the doctrine of res judicata when an order of


A Lender’s Federal Post-Judgment Interest Quandary
  • Bryan Cave LLP
  • USA
  • February 11 2017

Post-judgment interest is not something most lenders consider when making a loan. In fact, it is not ordinarily the subject of significant analysis


Junior Lienholders' Interests Extinguished in a "Free and Clear" Sale
  • FisherBroyles LLP
  • USA
  • February 16 2017

State and federal laws provide numerous protections to secured parties to preserve their interests in collateral. As secured parties well know


Substantive Consolidation: It’s Alive and Well (or Maybe Just Alive)
  • Dechert LLP
  • USA
  • February 9 2017

The doctrine of substantive consolidation (generally- the power of a bankruptcy court to consolidate the assets and liabilities of affiliated entities


Sovereign pari passu clauses: lost rights or last rites?
  • Clifford Chance LLP
  • USA
  • February 13 2017

In late 2012, the New York courts decided that a pari passu clause in a sovereign bond prevented the sovereign from paying other creditors without