For Lawyers | Log In | Join | Upload
WORKING... advanced
J. Ellsworth Summers, Jr.

J. Ellsworth Summers, Jr.

Rogers Towers


Latest Posts › Debtors

Share:

Rogers Towers: In re Davenport: The Eleventh Circuit sets Minimal Standards for Creditor Reliance in Fraud Case

The Bankruptcy Code protects lenders which reasonably rely upon a debtor’s financial statements when approving a loan. The Eleventh Circuit was recently faced with an “enterprising” debtor who attempted to challenge the...more

3/26/2013 - Debtors Falsified Documents Fraud

Rogers Towers: In re Sundale, Ltd.: Bankruptcy Court May Have Final Say in Certain State-law Counterclaims

As we have discussed in previous posts, the Supreme Court has held that not all counterclaims which arise within the context of a bankruptcy case are “core” proceedings, such that the bankruptcy court may make a final and...more

3/19/2013 - Counterclaims Creditors Debtors Jurisdiction SCOTUS

Rogers Towers: Surcharge of Debtor’s Exempt Assets Allowed when Debtor Willfully Conceals Non-Exempt Assets

Concealing assets from the Bankruptcy Court rarely, if ever, turns out well for a debtor. In a recent First Circuit case, a debtor concealed proceeds from prepetition sale of his former marital home, claiming that all of the...more

2/26/2013 - Bankrtupcy Surcharges Debtors Exempt Assets Non-Exempt Assets Willful Concealment

Rogers Towers: Insiders as Equity Investors: Competition Protects Lenders from Absolute Priority Rule Circumvention

Under the absolute-priority rule, unpaid creditors normally receive the equity in a reorganized business. If a plan of reorganization proposes a “new value” investment in exchange for equity, however, the rule does not...more

2/19/2013 - Absolute Priority Rule Chapter 11 Competitive Bidding Creditors Debtors Equity Investors In re Castleton Plaza New Value Plans Reorganizations

×

Expand Your Reach

JD Supra gets your content noticed, increases your visibility and makes your marketing efforts hassle free...

Learn More  or  Schedule a demo

Start a limited-feature trial account (individuals only).