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Results: 1-10 of 7,175

Ninth Circuit holds debt collector did not violate FDCPA by charging pre-judgment interest
  • Maurice Wutscher LLP
  • USA
  • June 29 2015

The U.S. Court of Appeals for the Ninth Circuit recently held that a debt collector's demand seeking 10 percent interest that was not expressly


Attention all lawyers! The unfinished business rule may finally be finished
  • Squire Patton Boggs
  • USA
  • June 26 2015

The courts continue to pick away at the "unfinished business rule." The latest blow came earlier this month when a U.S. district court dismissed a


Petters strikes again: amended Minnesota Fraudulent Transfer Act does not shelter certain charitable contributions
  • Stoel Rives LLP
  • USA
  • July 1 2015

The latest turn in the ongoing Petters bankruptcy saga came on June 11, when U.S. Bankruptcy Judge Gregory Kishel issued a 46-page order examining


Everything has its own value: 7th Circuit holds that forbearances by a lender may be considered when determining reasonably equivalent value
  • Weil Gotshal & Manges LLP
  • USA
  • June 25 2015

The United States Court of Appeals for the Seventh Circuit recently held that numerous forbearances by a lender that allowed a single asset real


Compelled foreclosure consent through bankruptcy court’s definition of surrender
  • Sirote & Permutt PC
  • USA
  • July 1 2015

On May 13, 2015, Judge Michael G. Williamson, writing for the Middle District of Florida, issued a consolidated opinion of two bankruptcy cases: In re


In re Jevic Holding Corp. part II: in a close call, Third Circuit approves settlement agreement and structured dismissal that deviate from Bankruptcy Code’s priority scheme
  • Weil Gotshal & Manges LLP
  • USA
  • July 1 2015

Benjamin Franklin is quoted as having said "in this world nothing can be said to be certain, except death and taxes." No offense to Mr. Franklin, but


Third Circuit permits the use of structured dismissals that deviate from the Bankruptcy Code’s priority scheme
  • Fried Frank Harris Shriver & Jacobson LLP
  • USA
  • June 29 2015

On May 21, 2015, the United States Court of Appeals for the Third Circuit (the "Third Circuit") affirmed the order of the United States District


Advice for directors and officers of distressed corporations: fiduciary duties
  • Paul Hastings LLP
  • USA
  • June 26 2015

The most recent decisions (by judges in Delaware and several other relevant jurisdictions) hold that fiduciary duties are owed to the corporation


$5.9 million in payments to Golf Channel declared out of bounds
  • Greenberg Glusker Fields Claman & Machtinger LLP
  • USA
  • June 30 2015

The Fifth Circuit Court of Appeals recently issued a decision that should make defendants in Ponzi cases shiver in their boots. The court said that


The recharacterization doctrine is ripe for Supreme Court review
  • Squire Patton Boggs
  • USA
  • June 30 2015

When a bankruptcy court ''recharacterizes'' debt, it causes something the parties have identified as debt to be converted into equity. Unlike an