Civil Procedure – May 23, 2012

by Miller Canfield on 5/23/2012

Sleep better at night knowing that the loan you made to your borrower is supported by collateral from the borrower’s subsidiaries? You may want to keep one eye open. On May 15, 2012, the U.S. Court of Appeals for the Eleventh...more

by Cadwalader, Wickersham & Taft LLP on 5/18/2012

On May 15, 2012, the Eleventh Circuit Court of Appeals upheld a ruling by the U.S. Bankruptcy Court for the Southern District of Florida, which required certain lenders to return $403 million in prepetition payments they had...more

by Davis Wright Tremaine LLP on 5/17/2012

In a decision with significant implications for borrowers and lenders, on May 15, 2012, the Eleventh Circuit Court of Appeals affirmed a bankruptcy court's findings that upstream guarantees and associated liens delivered by a...more

by Cadwalader, Wickersham & Taft LLP on 5/16/2012

On May 15, 2012, the U.S. Court of Appeals for the Eleventh Circuit reinstated the controversial 2009 opinion from the U.S. Bankruptcy Court for the Southern District of Florida in In re TOUSA Inc., which allowed the estate...more

by Cadwalader, Wickersham & Taft LLP on 5/15/2012

On March 6, 2012, the United States Court of Appeals for the Ninth Circuit held that the flexible standard for finality generally applied in bankruptcy cases does not apply to appeals from orders of a district court sitting...more

by Warner Norcross & Judd - Appellate Practice... on 5/11/2012

A person can be judicially estopped from pursuing a sexual harassment claim based on her failure to include the lawsuit as a potential asset in a Chapter 13 bankruptcy proceeding. In Spohn v. Van Dyke Public Schools, the...more

by Tampa Bay Bankruptcy Center, P.A. on 5/8/2012

Once you file for bankruptcy protection, an automatic stay on all collection efforts by creditors comes into immediate effect. This gives you the opportunity to proceed with the bankruptcy process without disturbance or...more

by George Bourguignon on 5/4/2012

If you believe that a creditor is collecting an amount that is wrong or for a debt that is not owed by you, then you want to read this post and find out one new tool available for Massachusetts consumers. Contact: George E....more