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Facing Mass Store Closings as a Retail Landlord
  • Jenner & Block LLP
  • USA
  • August 9 2017

According to industry reports, retailers have announced well over 3,000 store closings already this year, nearly double the total for all of 2016

5th Cir. Holds Mortgage Fraud Debts Not Dischargeable
  • Maurice Wutscher LLP
  • USA
  • August 15 2017

The U.S. Court of Appeals for the Fifth Circuit recently held that debts arising from a scheme to deprive mortgagees of surplus foreclosure sale

U.S. Supreme Court Dismisses Writ in Recharacterization of Debt Proceeding
  • Kane Russell Coleman Logan PC
  • USA
  • August 17 2017

Late last week, the United States Supreme Court said that it erred when it granted certiorari to resolve a bankruptcy dispute over whether state or

U.S. Supreme Court Narrowly Holds that Filing of TimeBarred Proof of Claim Does Not Violate FDCPA, But Leaves Door Open to Application of the Act in Other Circumstances
  • Hunton & Williams LLP
  • USA
  • June 19 2017

The Supreme Court of the United States in Midland v. Johnson reversed the Eleventh Circuit Court of Appeals and held that a debt collector that files

Mass Layoffs When Section 363 Sales Fail and Cases Convert: Third Circuit Adopts Probability Standard for WARN Act Liability
  • Squire Patton Boggs
  • USA
  • August 14 2017

On August 4, 2017, the Third Circuit Court of Appeals issued its ruling in Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 2017 U.S. App

Section 553 of the Bankruptcy Code Preserves Rather Than Creates Setoff Rights
  • Jones Day
  • USA
  • August 11 2017

In Feltman v. Noor Staffing Grp., LLC (In re Corp. Res. Servs. Inc.), 564 B.R. 196 (Bankr. S.D.N.Y. 2017), the bankruptcy court considered whether

In Brief: Second Circuit Reaffirms Broad Scope of Bankruptcy Code’s Subordination of Shareholder Claims
  • Jones Day
  • USA
  • August 11 2017

Section 510(b) of the Bankruptcy Code provides a mechanism designed to preserve the creditorshareholder risk allocation paradigm by categorically

Supreme Court Rules That Filing Bankruptcy Claim on Time-Barred Debt Does Not Violate FDCPA
  • Jones Day
  • USA
  • August 11 2017

In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does

Mortgage foreclosure: beware the automatic stay
  • Pepper Hamilton LLP
  • USA
  • September 27 2012

Under Section 362 of the Bankruptcy Code, filing a bankruptcy case automatically stays a wide variety of actions, including commencing or continuing a case against the debtor or collecting prepetition claims from the debtor

United States: Third Circuit Court of Appeals Clarifying When Debtor Is Excused From WARN Act Notice Requirements Under “Unforeseen Business Circumstances” Exception
  • Baker McKenzie
  • USA
  • August 16 2017

The Third Circuit Court of Appeals issued a significant decision on August 4, 2017, Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc