Civil Remedies, Bankruptcy, Commercial Law & Contracts

Bank Did Not Alter Right To Foreclose By Agreeing To Work With The Debtor After Bankruptcy Dismissal

by David Johnson | Winstead PC on 5/13/2013

In Branch Banking and Trust Company v. TCI Luna Ventures, LLC, BB&T appealed a temporary injunction order prohibiting it from foreclosing on two properties owned by TCI Luna. No. 05-12-00653-CV, 2013 Tex. App. LEXIS 1745...more

Your Last Resort: The Unpaid Account

by Joe Virene | Looper Reed & McGraw, P.C. on 4/29/2013

A suit on an unpaid account against your customer will likely entitle you to the principal balance plus interest and attorney fees. But a suit on an unpaid account is only as good as your customer’s ability to satisfy the...more

Eleventh Circuit Holds Mental Anguish Claim Not Bodily Injury

by Traub Lieberman Straus & Shrewsberry LLP on 4/12/2013

In its recent decision in N.H. Ins. Co. v. Hill, 2013 U.S. App. LEXIS 7204 (11th Cir. Apr. 10, 2013), the United States Court of Appeals for the Eleventh Circuit, applying Florida law, had occasion to consider whether an...more

Maryland's highest court blocks another foreclosure defense

by Thomas Valkenet on 4/12/2013

On March 22, 2013, the Maryland Court of Appeals clarified the meaning of an "endorsement in blank" on mortgage notes, saying that physical transfer without additional endorsement stamps gives the loan servicer standing to...more

Drafting Errors - Routinely Cost Lenders’ Post-Bankruptcy Attorney’s Fees and Interest

by Charles Ekberg, Bruce Leaverton, Kay Lennon | Lane Powell PC - Bankruptcy & Creditors'... on 3/20/2013

Originally published in Community Banker - Spring 2013. When a bankruptcy intervenes to prevent the continuation of a restructuring or loan enforcement effort, it is too late to supplement or strengthen loan...more

When in Doubt, File a Motion: Trends Concerning Automatic Stay Violations

by Travis Knobbe | Spilman Thomas & Battle, PLLC on 3/15/2013

Bankruptcy filings in Virginia, and nationwide, declined significantly in 2012, and it appears the decline is continuing in 2013. However, thousands of cases continue to be filed, and it is important for practitioners to...more

A Tale Of Two Debtors: Lehman Brothers And The Availability Of Equitable Subordination In The “Dueling Debtor” Context

by Harrison Denman | White & Case LLP on 3/11/2013

Originally published in the NYU Journal of Law & Business - Vol. 9:269, 2012. This article suggests that the generally accepted “offensive/defensive” standard used by bankruptcy courts to determine whether a debtor may...more

Non-Compete Case Law Update: The Mildly Interesting, But Useful, Edition

by Kenneth Vanko | Clingen Callow & McLean, LLC on 2/12/2013

The new year is off to a pretty big start. We've already seen significant decisions from federal appellate courts on criminal trade secrets prosecutions and the epic Mattel/MGA "Bratz" dolls dispute. We have a looming debate...more

Attorney Fee Award to Debtor Is Affirmed Where Creditor's "Reasonable Reliance" Claims Have No Merit

by David J. McMahon | Barger & Wolen on 2/4/2013

In Heritage Pacific Financial LLC v. Machuca, 2012 DJDAR 16803 (2012), the US Bankruptcy Appellate Panel for the Ninth Circuit decided an interesting attorney fee case arising in the commercial litigation context. The fee...more

Focused on Franchise Law - January 2013

by Barry Kurtz on 1/23/2013

In This Issue: - Mark Melton Has Become Of Counsel To The Firm - Franchisor 101: Personal Liability In New York For A Franchisor's Owners - Franchisee 101: Beer & Wine Franchisees Enjoy Protection From...more

Suppliers Must Take Affirmative Steps to Determine Source of Payments to Protect Construction Lien Claim Rights

by Peter James Herrigel | Cole Schotz on 1/10/2013

In L&W Supply Corp. v. Joe DeSilva, et al., (Docket No. A-2960-10T2, December 19, 2012) (“L&W Supply”), a decision recently approved for publication, the Appellate Division provides guidance to material suppliers seeking to...more

Critical Supplier's Hard-Ball Queue Jumping Pays Off

by Michael N. Atlas | Dickinson Wright on 11/19/2012

In Re Northstar Aerospace - Overview - In Canada, foreign critical suppliers may be able to extract payment, in full, for amounts owed to them by a debtor company in a CCAA filing, by virtue of their location in a...more

Sunbeam Products, Inc. V. Chicago American Manufacturing, LLC

by Craig W. Dent, David W. Dykhouse, Brian P. Guiney, Daniel A. Lowenthal | Patterson Belknap Webb & Tyler LLP on 11/16/2012

The U.S. Court of Appeals for the Seventh Circuit in Chicago has issued a decision with significant implications for licensees of trademarks whose licensors become debtors in bankruptcy. In Sunbeam Products, Inc. v. Chicago...more

Rogers Towers: The Threat of Lien Stripping in “Chapter 20” Bankruptcy

by Rogers Towers on 11/13/2012

As discussed in the McNeal posts below, junior mortgage holders are increasingly finding that their mortgages are worth less than the paper they were printed on. Especially troubling to lenders, are conflicting decisions that...more

"Landmark UK Supreme Court Ruling Restricts Enforcement of Foreign Bankruptcy Judgments"

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/25/2012

In a ruling disposing of two appeals, the U.K. Supreme Court has held that the enforcement of foreign bankruptcy rulings in England will in certain circumstances be more difficult than had previously been thought. The two...more

The Strategy of Acquiring Distressed Assets by Purchasing Secured Claims is Aided by a Recent Supreme Court Opinion

by McDermott Will & Emery on 7/31/2012

In a recent opinion, the Supreme Court unanimously affirmed a secured lender’s right to credit-bid at a bankruptcy sale of assets encumbered by such lender’s liens. In addition to solidifying the rights and protections...more

"Seventh Circuit Rules on Trademark Licensees’ Bankruptcy Rights"

by Skadden, Arps, Slate, Meagher & Flom LLP on 7/27/2012

In Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, Case No. 11-3920, 2012 WL 2687939 (7th Cir. July 9, 2012) (“Sunbeam”), the Seventh Circuit split with the Fourth Circuit by issuing a decision that could have...more

Sunbeam Decision Gives a Ray of Hope to Intellectual Property Licensees

by Mintz Levin - Bankruptcy, Restructuring &... on 7/27/2012

Licensees of intellectual property, especially trademarks, may breathe easier thanks to a Circuit-splitting decision authored by the Seventh Circuit Court of Appeals earlier this month. In Sunbeam Products, Inc. v. Chicago...more

Lumbermens Mutual Casualty Company Placed into Rehabilitation: What you should be doing to protect and prepare to assert your...

by Lowenstein Sandler LLP on 7/27/2012

On July 2, 2012, the Illinois Department of Insurance (IDOI) entered an Agreed Order of Rehabilitation against Lumbermens Mutual Casualty Company and American Manufacturers Mutual Insurance Company, which is the part of the...more

Sunbeam Products: Trademark Licensees Victorious in Seventh Circuit's Bankruptcy Ruling -- What's Next For Licensees and Debtor...

by Morrison & Foerster LLP on 7/25/2012

Trademark licensees can continue using licensed trademarks after their licenses are rejected in bankruptcy, the U.S. Court of Appeals for the Seventh Circuit ruled on July 9, 2012, in Sunbeam Products, Inc. v. Chicago...more

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Civil Remedies › Bankruptcy › Commercial Law & Contracts