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The Recorder

In re RW Meridian LLC

9th Cir. B.A.P.; 16-1227 The Bankruptcy Appellate Panel affirmed a judgment. The court held that the expiration of a debtor’s right to redeem tax-defaulted…
2 minute read

The Legal Intelligencer

The Liquidating Fiduciary Exception and Administrative Status

Whether a claimant is entitled to an administrative expense claim, or simply a prepetition claim, can mean the difference between full ­payment of the claim and the recovery of only pennies on the dollar. Accordingly, a significant amount of litigation in bankruptcy cases centers around the priority status to which certain claims are ­entitled. The U.S. Bankruptcy Court for the Northern District of Illinois has recently issued a decision granting priority status to claimants seeking damages for violation of the Worker Adjustment and Retraining Notification Act (the WARN Act). Given the significant ­liability that debtors could face under the WARN Act, this decision is relevant to all bankruptcy practitioners.
8 minute read

New Jersey Law Journal

975 Holdings, LLC v. City of Egg Harbor

Property Purchased through Bankruptcy Asset Sale Was Not Excused from Chapter 91 Requirements
4 minute read

The Recorder

Bank of New York Mellon v. Watt

9th Cir.; 15-35484 The court of appeals dismissed an appeal. The court held that a district court order vacating the bankruptcy court’s confirmation…
1 minute read

The Recorder

In re Reynolds

9th Cir.; 12-60068 The court of appeals reversed a judgment of the Ninth Circuit Bankruptcy Appellate Panel and remanded. The court held that a bankruptcy…
2 minute read

The Recorder

In re Clark

9th Cir. B.A.P.; 15-1010 The Bankruptcy Appellate Panel affirmed a judgment. The court held that the commingling of the debtor’s finances with…
3 minute read

The Recorder

In re Western Funding Incorporated

9th Cir. B.A.P.; 15-1238 The Bankruptcy Appellate Panel affirmed a bankruptcy court order. The court held that the bankruptcy court did not abuse its…
3 minute read

New York Law Journal

Conflict Between CPLR and Bankruptcy Code: A Dilemma for Lenders

Nicole E. Schiavo discusses the conflict between New York's legislation requiring mandatory settlement conferences in foreclosure actions and the Bankruptcy Code's prohibition against a creditor taking any act that can be construed as trying to collect a discharged debt from a debtor. Thus, if a foreclosure action is commenced against a borrower who previously received a discharge on their mortgage loan debt, the lender is left with a "Catch 22": comply with the CPLR and risk violating the Discharge Injunction, or vice versa.
9 minute read

The American Lawyer

Takata Parent's Bankruptcy Reveals Big Monthly Litigation Fees

Japanese auto parts giant Takata Corp., which followed its U.S. unit into a Delaware bankruptcy court this week, revealed in court documents that it is paying nearly $1 million per month in legal fees to an Am Law 100 firm advising it in product liability litigation over faulty air bags.
4 minute read

Connecticut Law Tribune

Berkowitz, Trager & Trager Sued Over Opinion Tied to Bad $13M Loan

UCF I Trust 1 and a trustee claim the law firm misrepresented the ownership interest of the borrower, which enticed the trust to issue the loan.
4 minute read

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