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Jacob J. Payne

Jacob J. Payne

Rogers Towers


Latest Publications

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Rogers Towers: Radlax

Can a Chapter 11 debtor propose a plan to sell a lender’s collateral free and clear of the lender’s lien without allowing the lender to credit bid? The Supreme Court says “no”—unless there’s cause....more

3/14/2013 - Chapter 11 Collateral Credit Bids Lenders Liens Radlax

Rogers Towers: New Equity Auctions

Seventh Circuit holds that new equity in a Chapter 11 debtor must be auctioned…and that a creditor may credit bid. In a Chapter 11 bankruptcy, if the debtor’s owners want to continue to own the debtor after...more

3/7/2013 - Absolute Priority Rule Auction Chapter 11 Credit Bids

Rogers Towers: Using Contempt Power to Force Repatriation of Offshore Trust Assets

Offshore asset protection trusts (OAPT) typically have the following characteristics: (1) the trust is governed by the laws of a foreign jurisdiction that does not recognize the judgments or orders of courts of the United...more

12/13/2012 - Contempt Foreign Jurisdictions Offshore Asset Protection Trusts Repatriation

Rogers Towers: The Right to Trial by Jury in Fraudulent Transfer Actions in Bankruptcy

Suppose you have been sued by the bankruptcy trustee for an alleged fraudulent transfer or a preferential payment. Who decides the case—the bankruptcy judge or a jury? This post explores the circumstances in which parties to...more

11/20/2012

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