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Are Taft-Hartley Boards Conflicted When Reviewing ERISA Benefits Determinations? Circuit Courts Are Split.
  • Proskauer Rose LLP
  • USA
  • March 22 2017

Although it has been nearly three decades since the Supreme Court first explained the appropriate standard of review for ERISA benefit claims, there

Fourth Circuit Falls in Line with Second and Eighth Circuits Holding that Filing a Proof of Claim on a Time-Barred Debt Does Not Violate the FDCPA
  • Burr & Forman LLP
  • USA
  • August 30 2016

In Dubois v. Atlas Acquisitions LLC, Case No. 15-1945 (4th Cir. Aug. 25, 2016), the Fourth Circuit Court of Appeals held in a 2-1 decision that

Will Industry Feel Impact of Supreme Court's Madden Rejection?
  • Manatt Phelps & Phillips LLP
  • USA
  • July 7 2016

In a disappointing move, the U.S. Supreme Court has denied the petition for certiorari by Midland Funding to hear the case Madden v. Midland Funding

United States Recommends that the Supreme Court Deny Review in Midland Funding v. Madden
  • Paul Weiss
  • USA
  • May 26 2016

In its decision last year in Madden v. Midland Funding, LLC, the Second Circuit held that, after a national bank sells its loans to a third party

Seventh Circuit rules that secured creditors must be given the right to credit-bid
  • Jones Day
  • USA
  • October 13 2011

In this article, we will review some of the recent developments in the way schemes of arrangement under English law have been used and some of the legal issues that have arisen.

Credit bidding in chapter 11 where we are now
  • Reinhart Boerner Van Deuren SC
  • USA
  • September 30 2011

A secured creditor's option to credit bid its claim where its collateral is to be sold under a chapter 11 plan is an important protection to ensure that the creditor's collateral is not sold for less than its actual value.

Court should reaffirm vitality of religious liberties in 'Hosanna-Tabor'
  • Wiley Rein LLP
  • USA
  • September 28 2011

Early in its new term, the U.S. Supreme Court will hear oral argument in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553, a closely watched case testing the proper balance between religious organizations'.

Seventh Circuit disagrees with Philadelphia Newspapers and finds that credit bidding required for asset sales in bankruptcy plans
  • Latham & Watkins LLP
  • USA
  • July 18 2011

When entering into secured transactions, most secured lenders long assumed that, even in a bankruptcy, their borrowers would not be able to sell encumbered assets free and clear of the lenders’ liens without the lenders’ consent or, without at least providing the lenders the opportunity to bid their secured debt at an auction.

First Circuit holds that junior creditors could be paid before senior creditors received post-petition interest
  • Schulte Roth & Zabel LLP
  • USA
  • July 6 2011

The U.S. Court of Appeals for the First Circuit held on June 23, 2011, that junior creditors could receive a distribution over the objection of senior creditors who claimed they were entitled to post-petition interest under contractual subordination provisions.

The absolute priority rule and gifting plans in the Second Circuit: the gift that stopped giving
  • Greenberg Traurig LLP
  • USA
  • February 9 2011

On February 7, 2011, in In re DBSD North America, Inc., the Court of Appeals for the Second Circuit released its opinion joining the Third Circuit in condemning so-called “gifting plans,” thus deepening the perceived circuit split with the First Circuit which has been interpreted as approving of gifting plans.