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ABI Blog Exchange

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

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Top-Up Options — Looking Better and Better

Here’s the Davis Polk newsflash on two recent Delaware rulings validating the widespread use of top-up options, so long as the top-up is excluded from the calculation of value for appraisals and is otherwise properly drafted. When regulatory

Second Circuit Stays DBSD North America Plan

The chapter 11 case of DBSD North America, Inc. (“DBSD”), f/k/a ICO North America, has been marked by aggressive tactics and extreme positions from its commencement. DBSD, a non-operating satellite communications company, and its second lien

Substantial Contribution Claim Denied Where Motivated By Self Interest

Ad Hoc Consortium of Senior Subordinated Noteholders v. Liquidating Landco Debtors (In re Tropicana Entertainment LLC), Case No. 08-10856 (KJC), Civ No. 09-771-SLR (September 22, 2010) (J. Robinson). Tropicana Entertainment LLC and related entities

News Articles About Foreclosure Fraud And Robo-Signers

There’s been a ton of interest lately among people who are filing for bankruptcy in New York on the topic of robo-signers in foreclosure actions. These are the automatically-generated foreclosure affidavits being spit out by the thousands, and they

Preference Defendant Wins Summary Judgment On Ordinary Course Of Business Defense

Burtch v. Detroit Forming, Inc. (In re Archway Cookies), Case No. 08-12323 (CSS), Adv. No. 09-51429 (CSS) (September 1, 2010) (J. Sontchi). On October 6, 2008 (the “Petition Date”), Archway Cookies LLC and Mother’s Cake & Cookie Co. (collectively

Administrative Expense Claim for Ad Valorem Tax Denied

In re WCI Communities, Inc., Case No. 08-11643 (KJC) (September 2, 2010) (J. Carey) WCI and related entities (the “Debtors”) filed for relief under chapter 11 of the Bankruptcy Code on August 4, 2008 (the “Petition Date”). As of the Petition Date

SEC Stays Proxy Access

The SEC has stayed implementation of its newly-adopted proxy access rules, including the amendments to Rule 14a-8, pending resolution of a legal challenge to the rule brought by the Business Roundtable and the US Chamber of Commerce. These

SEC Stays Proxy Access

The SEC has stayed implementation of its newly-adopted proxy access rules, including the amendments to Rule 14a-8, pending resolution of a legal challenge to the rule brought by the Business Roundtable and the US Chamber of Commerce. These

Flawed Credit Reporting System Causes Foreclosures and Economic Harm

Mortgage rates are at their lowest level in decades. Yet, millions of homeowners cannot refinance. Why is not more done to help homeowners refinance? Refinancing could save homeowners hundreds or thousands of dollars a month, yet they cannot qualify

SEC Stays Proxy Access

The SEC has stayed implementation of its newly-adopted proxy access rules, including the amendments to Rule 14a-8, pending resolution of a legal challenge to the rule brought by the Business Roundtable and the US Chamber of Commerce. These