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The American Lawyer

Spring Bankruptcy Boom Foretells Broad-Based Insolvency

Corporate restructurings are on the rise among companies that were either hobbled or bolstered by the pandemic.
5 minute read

Delaware Business Court Insider

CEO: 'Hubris, Incompetence and Greed' Led to FTX's Mismanaged Billions

The report enumerates FTX's internal shortcomings identified in the past five months, from sloppy accounting to leaving hundreds of millions of dollars in easily accessible storage.
5 minute read

New York Law Journal

Equitable Remedies Under Article 9: A Distinction With a Difference

Since 1990, the UCC Permanent Editorial Board (PEB), has issued 27 commentaries interpreting the UCC or its Official Comments, the most recent of which the authors discuss here.
8 minute read

Daily Business Review

This New Bankruptcy Filing Option Favors Small Businesses, and Florida Is a Hot Spot

"You could modify every single one of your debts without a single creditor voting in favor of the plan," Akerman partner Eyal Berger says of Subchapter V. "That's a huge departure, and it really gives incredible leverage to get companies restructured."
4 minute read

Delaware Business Court Insider

FTX Bankruptcy Attorneys: 'Enough Is Enough' in Delaware/Bahamas Jurisdictional Battle

A complaint in the global Chapter 11 case was filed Sunday by Sullivan & Cromwell and Landis, Rath & Cobb attorneys "in response to serial threats" to relocate the case.
3 minute read

Daily Report Online

Man Sues I.Q. Data Over Fair Debt Collection Practices Act Claims

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read

Law.com

In AccessLex Suit Over Law Student Loan Default, 'Limitation Period Didn't Start' Until Last Payment Toward $140K+ Balance, Court Says

"Faced with this conflicting and rather spare evidentiary record, we perceive no error in the court's determination that Philpot had failed to carry his burden of proving that lender's cause of action arose in any particular state other than Utah," stated Harris.
5 minute read

Daily Report Online

As Justices Debate Student Loans, Ga. Borrowers See Disconnect

"It felt like people who could never understand why we would want something like this," said Niara Thompson, a University of Georgia student. "I wanted to be like, 'Y'all don't understand. Y'all are focusing on this, but there's people out here who are struggling to find food for their families.'"
5 minute read

Law.com

Massachusetts AG Reaches $7.6M Settlement With Toyota Motor Credit Corp. Over Auto Loan Collection Practices

"Consumers facing repossession and collection actions on their vehicles deserve clear and transparent information from auto lenders," said Massachusetts Attorney General Joy Campbell. Her office noted that more than 500 borrowers across Massachusetts are expected to be eligible for relief under the $7.6 million settlement, which includes about $5.5 million in debt relief funds.
3 minute read

New York Law Journal

Waivers of Defenses in Guaranties: Unconditional or Unenforceable?

The key takeaway from the appeal court's analysis is obvious. Although waiver language can be broadly written, a waiver of defenses associated with standard guaranty "absolute and unconditional" language may not, in and of itself, waive a defense based on the statute of limitations.
8 minute read

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