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Ninth Circuit Overrules Longstanding (But Questionable) Bankruptcy Appellate Panel Precedent to Allow Bankruptcy Court to Re-Characterize Debt as Equity

Bankruptcy trustees and lenders to a potentially insolvent debtor — particularly any lender who has or intends to acquire an equity stake in the borrower — should take note of a recent decision by the U.S. Ninth Circuit Court of Appeals.

Published Sun, May 19 2013 8:00 PM by Bankruptcy Articles on Martindale.com

Non-Dischargability Review of Nursing Home and Medical Debt

Through the years, bankruptcy has become a powerful tool for debtors wanting to eliminate their debt. However, even though the bankruptcy tool is powerful, it is not invincible. Not all debts are discharged by bankruptcy. Although, the debts discharged

Published Sun, May 19 2013 8:00 PM by Bankruptcy Articles on Martindale.com

Ohio’s March Madness Over Change in Homestead Exemption

Ohio recently received a major boost to its homestead exemption. Effective March 27, 2013, Ohio’s individual homestead exemption increased to $125,000.00. Previously, the individual exemption had only been $21,625.00. This dramatic increase moves

Published Sun, May 19 2013 8:00 PM by Bankruptcy Articles on Martindale.com

CFPB’s Proposed Rule Regarding Non-Bank Student Loan Servicers

On March 14, 2013, the Consumer Financial Protection Bureau (CFPB) proposed a rule that will allow it to supervise certain student loan servicers. “Under the rule, any non-bank student loan servicer that handles more than one million borrower accounts

Published Sun, May 19 2013 8:00 PM by Bankruptcy Articles on Martindale.com

Compliance Issues Remain a Hot Topic

As with the past several months, our concentration continues to be on Compliance issues. It is the hottest topic in the collection and bankruptcy industries. The Consumer Financial Protection Bureau (CFPB) continues to be in the news. On April 23rd, Richard

Published Sun, May 19 2013 8:00 PM by Bankruptcy Articles on Martindale.com

The Ninth Circuit Holds that Bankruptcy Courts Have Authority to Recharacterize Debt as Equity

On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the recipient prior to its bankruptcy

Published Fri, May 17 2013 8:00 PM by Bankruptcy Articles on Martindale.com

District Court of Minnesota Confirms Foreclosure Related Communications are not Subject to the FDCPA

In DeMoss v. Peterson, Fram & Bergman, 2013 WL 1881058 (D. Minn. May 6, 2013), Plaintiffs filed a putative class action complaint alleging that a cover letter and preforeclosure notice violated the Fair Debt Collection Practices Act (FDCPA). The subject

Published Thu, May 16 2013 8:00 PM by Bankruptcy Articles on Martindale.com

Alabama Federal Court Affirms Bankruptcy Court’s Holding That Filing a Proof of Claim on Time-Barred Debt Does Not Amount to an FDCPA Violation

In a consolidated appeal of two cases from the United States Bankruptcy Court for the Middle District of Alabama, the United States District Court for the Middle District of Alabama held last week that the filing of a proof of claim in a debtor’s

Published Thu, May 16 2013 8:00 PM by Bankruptcy Articles on Martindale.com

No Termination of Commercial Agreements In The Case Of Insolvency?

Commercial agreements usually provide for extraordinary termination rights or even automatic cancellation in the case of insolvency of one of the parties. Such a cancellation right may, however, contradict the general principles of German insolvency law

Published Wed, May 15 2013 8:00 PM by Bankruptcy Articles on Martindale.com

Bankruptcy Court Approves Repayment of Aircraft Debt Without Payment of Make-Whole Premium

The recent decision of the bankruptcy court presiding over the chapter 11 proceedings of AMR Corporation (“AMR”) and its affiliated debtors (the “Debtors”) provides guidance on the impact that the filing of a chapter 11 case may

Published Wed, May 15 2013 8:00 PM by Bankruptcy Articles on Martindale.com

What can Twinkies and Beer Teach Investors about Purchasing the Assets of an Insolvent Corporation?

When Hostess announced last November that it would be shutting the doors to its factories, spooked by the news and likely addled by decades of cream filling, hoarders of Ho-Ho’s scurried to buy every brand name snack cake they could find, boosting

Published Wed, May 15 2013 8:00 PM by Bankruptcy Articles on Martindale.com

Liquidators' Costs in a Preference Claim

In The Joint and Several Liquidators of QQ Club Limited (in liquidation) v. Golden Year Limited (HCCW 245/2011, 9 April 2013) (QQ Club), the Court of First Instance held that a liquidator's costs in pursuing an avoidance claim are "fees and expenses

Published Wed, May 15 2013 8:00 PM by Bankruptcy Articles on Martindale.com

In re Fairfield Sentry Ltd.: Second Circuit Clarifies "Center of Main Interest" Determination Under Chapter 15

In Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.), No. 11-4376, 2013 U.S. App. LEXIS 7608 (2d Cir. Apr. 16, 2013), the Second Circuit held that the location of a foreign debtor’s “center of main interests” (“COMI”

Published Tue, May 14 2013 8:00 PM by Bankruptcy Articles on Martindale.com

Delaware District Court Permits WARN Class Action to Proceed Against Equity Sponsor as De Facto Employer

The United States District Court for the District of Delaware, recently declined to dismiss a putative class action filed by former employees under the Workers Adjustment and Retraining Notification Act (the “WARN Act”) against certain private

Published Mon, May 13 2013 8:00 PM by Bankruptcy Articles on Martindale.com

Not So Secret - When Under Seal Isn't Enough

In a recent decision, the United States Bankruptcy Court for the Southern District of New York found the standard for sealing under § 107 of the Bankruptcy Code was not met and declined to seal a settlement agreement, despite requests from the Chapter

Published Sun, May 12 2013 8:00 PM by Bankruptcy Articles on Martindale.com

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Ninth Circuit Overrules Longstanding (But Questionable) Bankruptcy Appellate Panel Precedent to Allow Bankruptcy Court to Re-Characterize Debt as Equity

Non-Dischargability Review of Nursing Home and Medical Debt

Ohio’s March Madness Over Change in Homestead Exemption

CFPB’s Proposed Rule Regarding Non-Bank Student Loan Servicers

Compliance Issues Remain a Hot Topic

The Ninth Circuit Holds that Bankruptcy Courts Have Authority to Recharacterize Debt as Equity

District Court of Minnesota Confirms Foreclosure Related Communications are not Subject to the FDCPA

Alabama Federal Court Affirms Bankruptcy Court’s Holding That Filing a Proof of Claim on Time-Barred Debt Does Not Amount to an FDCPA Violation

No Termination of Commercial Agreements In The Case Of Insolvency?

Bankruptcy Court Approves Repayment of Aircraft Debt Without Payment of Make-Whole Premium

What can Twinkies and Beer Teach Investors about Purchasing the Assets of an Insolvent Corporation?

Liquidators' Costs in a Preference Claim

In re Fairfield Sentry Ltd.: Second Circuit Clarifies "Center of Main Interest" Determination Under Chapter 15

Delaware District Court Permits WARN Class Action to Proceed Against Equity Sponsor as De Facto Employer

Not So Secret - When Under Seal Isn't Enough