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Insolvency Service “reframes” view of creditor – IPs can apply their discretion (UK)

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Back-to-school savings

Back-to-school season may be a headache for some, but Bankrate does your homework for you.

Trustee in DHP Holdings Bankruptcy Files Preference Actions

Introduction In July, Alfred T. Giuliano, the Chapter 7 Trustee (the "Trustee") in the DHP Holdings ("DHP") bankruptcy proceeding began filing adversary complaints against various defendants, seeking to avoid and recover what the Trustee contends are

SemCrude Decision Delineates the Process for Analyzing Motions for Continuance vs. Motions for Summary Judgment

Summary In an 24 page decision signed June 20, 2011, Judge Shannon of the Delaware Bankruptcy Court partially granted several parties’ motions for a continuance opposing several motions for summary judgment, holding that a motion for continuance must

Fannie Mae Pushing Foreclosures

Story in the Detroit Free Press today here, and my commentary at Consumer Law & Policy here.

Buying the vacant lot next door

There are plenty of benefits to buying an unused neighboring parcel of land.

Court Orders Turnover of Attorney Files in Billion Dollar Case

Attorneys are entrusted with a lot of sensitive information. The attorney-client privilege exists to allow clients to speak candidly with their attorneys. However, when the same attorney represents multiple parties, the privilege may not be so

The US Government and the Foreclosure Crisis: Out of Ideas or Out of Will?

It’s old news that federal housing agencies need better ideas about what to do about the foreclosure crisis. The new development is that they realize it and have issued a blunderbuss “RFI” (request for information) seeking ideas from anyone willing

En Banc Fifth Circuit Changes Course on Judicial Estoppel

In an important ruling, the Fifth Circuit Court of Appeals sitting en banc ruled that a debtor's nondisclosure would not bar a trustee from pursuing a large judgment for the benefit of creditors. Reed v. City of Arlington, No. 08-11098 (5th Cir. 8/11

Banks Implement Mandatory Arbitration Clauses in Consumer Contracts

The Supreme Court’s April, 2011 decision in AT&T Mobility LLC v. Concepcion et ux., 563 U.S. (2011) has validated regional banks’ decisions to rely on arbitration clauses in their consumer contracts. In AT&T Mobility LLC , the Supreme Court upheld a

Civil Rights Opinion May Affect Attorney's Fees in Bankruptcy

A decision reviewing attorney's fees in a complex Title VII class action may have repercussions for attorney's fees in bankruptcy cases as well. McClain v. Lufkin Industries, Inc., No. 10-40036 (5th Cir. 8/8/11). You can find the opinion here [ an

Bankruptcy Beat Snapshot: Lisa Jacobs

Lisa Jacobs Attorney Lisa Jacobs is a hockey fan, but when it comes to her legal practice, she’s happy to mix sports metaphors. The new DLA Piper partner peppers many of her insights and explanations with examples that would strike a chord with any

How to Break the Winner's Curse

Buyers hold more of the cards in M&A, but often misplay them. Strict pricing and a stricter board are essential to avoid being fleeced.

Lehman, Barzel, Harry & David, Hooters Casino: Bankruptcy

Bloomberg Businessweek weekly bankruptcy roundup: Read it here.

Protecting Your Corporate Interests In Bankruptcy

If you’re a business owner with an LLC or corporation and you decide to file bankruptcy, your interests in your business may be in jeopardy; but there are ways to protect yourself. Here’s what you need to know: When an individual debtor files

Foreclosure Settlement Reached Between Banks And Attorney Generals

The 14 largest U.S. mortgage servicers have reached an initial settlement with attorney generals saying, amongst other things, that they must pay back homeowners for losses from foreclosures or loans that were mishandled in the wake of the housing

How Are Judgments Treated In Bankruptcy?

Many debtors wait until they are facing a creditor lawsuit, wage garnishment or bank levy before they file bankruptcy. If this is the case, the debtor usually has at least one judgment against them already. Can these judgments be discharged in

BANKRUPTCY BEACH READING

Looking forward to the beach, but dreading the long train ride to Montauk? The Weil Bankruptcy Blog has got just the thing to keep you company. For this week’s edition of Bankruptcy Beach Reading we put together a list of our favorite bankruptcy

9th Circuit Court Cramdown Ruling "Just Right" with Car Owner

In a recent article by Chip Giambrone of WestLaw Journal Bankruptcy, he writes about a novel decision by a California-based federal appeals court to allow a Chapter 13 debtor to “cram down” the negative equity in her auto loan...

The Daily Docket: WaMu Creditors, Shareholders Continue To Spar

A flurry of briefs hit the docket in Washington Mutual Inc.’s bankruptcy case late Wednesday, as creditors and shareholders prepared for the final round of a duel over the $7 billion payout plan. Read the Daily Bankruptcy Review story here. Marriott

Do you need rental car insurance?

Rental car coverage comes in many flavors. Make sure what you have suits your tastes.