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

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Delaware Court Upholds Barnes & Noble Shareholder Rights Plan

Here’s the Davis Polk note on Vice Chancellor Strine’s recent decision upholding the Barnes & Noble poison pill. The decision is interesting because the court, for the first time, recognized a valid threat in an investor’s rapid accumulation of

Delaware Court Upholds Barnes & Noble Shareholder Rights Plan

Here’s the Davis Polk note on Vice Chancellor Strine’s recent decision upholding the Barnes & Noble poison pill. The decision is interesting because the court, for the first time, recognized a valid threat in an investor’s rapid accumulation of

Bankruptcy Filings Up 20% in June

Click on the image above to see a larger version of a map demonstrating bankruptcy filings per capita by county in the United States. A Press Release from the United States Court System reports that bankruptcy filings rose 20% during the 12-month

July 2010 6th Circuit Bankruptcy Case Summaries

Brock v. Branch Bank & Trust Co. (6th Cir.) Debtor purchased a vehicle with financing from a Bank within 90 days of filing chapter 7 bankruptcy. Under Kentucky law, a lender perfects a security interest in a vehicle by having its lien noted on the

Modifying Your Mortgage in Chapter 13 Bankruptcy

New mortgage modification rules make it easier to combine a HAMP or "Obama Plan" mortgage modification with a Chapter 13 Bankruptcy. Combining a HAMP mortgage modification may be beneficial to many homeowners.The filing of a chapter 13 bankruptcy

"...and Wining, Winning, Winning" - (re-post)

As a solo practitioner I must acknowledge my work limitations; I cannot compete against the Boston or other big-city law firms employing 20 or more attorneys. In the Foreclosure Prevention work I have been doing, I have had to bring actions against

Unable to pay its debts - the balance sheet test

We all know the definition of insolvency for a company - or do we? The cashflow test - unable to pay its debts as they fall due - is relatively uncontroversial, but the balance sheet test is more difficult. Section...

New Homeowner Protection - Neighborhood Stabilization Act

The new Neighborhood Stabilization Act, which was enacted with an Emergency Preamble, became effective, in part, upon signing by Governor Duval Patrick on Thursday, July 29, 2010. The new law gives meaningful additional protections to Homeowners


Northern District Bankruptcy Judges Rule On Deed Attestation Issues

Two recent bankruptcy cases involved the application of Georgia law on deed attestation. In both cases, the trustee was attempting to set the lien pursuant to section 544 of the Bankruptcy Code. In Gordon v. Wells Fargo, Adv. No. 08-6612, 430 B.R

Mortgage Modification and Chapter 13 Bankruptcy

The new HAMP rules that went into effect June 1, 2010 greatly increased the attractiveness of Chapter 13 as a platform to obtain a HAMP mortgage modification. Basically, by filing both a HAMP mortgage modification and a chapter 13 bankruptcy at the