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Creditors Disclosure

McGlinchey Stafford

TILA Disclosure Requirements Limited by New York District Court

McGlinchey Stafford on

On June 5, 2024, the United States District Court for the Southern District of New York issued a decision adopting in its entirety the May 13, 2024, Report and Recommendation regarding the Truth in Lending Act (TILA). The...more

Skadden, Arps, Slate, Meagher & Flom LLP

SDNY Adopts Guidelines for Combined Hearing on Disclosure Statement Approval and Chapter 11 Plan Confirmation

On May 31, 2024, the chief judge of the U.S. Bankruptcy Court for the Southern District of New York (SDNY) entered General Order M-634, adopting guidelines for combining the processes for Chapter 11 plan confirmation under...more

Amundsen Davis LLC

Considerations Before Responding to a Creditor’s Citation to Discover Assets

Amundsen Davis LLC on

Before responding to a creditor’s citation to discover assets ("CDA"), financial institutions should consider whether the court presiding over the judgment can lawfully direct them to act against a debtor's accounts. Even if...more

Lowenstein Sandler LLP

Crypto Considerations in Bankruptcy Plans of Reorganization

Lowenstein Sandler’s previous article on crypto bankruptcies discussed some bankruptcy basics and the role of a creditors’ committee in protecting the rights of customers. This article will delve deeper into the...more

Sheppard Mullin Richter & Hampton LLP

Judgment Creditors Beware: Moving For Contempt May Be Within Reach, But Difficult To Grasp

In the New York County Commercial Division, Justice David B. Cohen’s ruling in B&M Kingstone, LLC v. Mega Int’l Comm. Bank Ltd., 2022 NY Slip Op. 30481(U) (Sup. Ct. N.Y. Cnty. 2022) makes clear that New York courts can compel...more

Weintraub Tobin

Don’t Skimp On The Facts – Failure Of Fiduciaries To Make Full Disclosure Of Matters Set Forth In An Accounting May Be Considered...

Weintraub Tobin on

In the recently published case of Hudson v. Foster, 2021 Cal.App. LEXIS 737, the Court of Appeal for the Second Appellate District, Division Five, determined that a former conservatee who discovered that certain transactions...more

Bass, Berry & Sims PLC

Colorado Eliminates Ban on Surcharges

Bass, Berry & Sims PLC on

Colorado recently became the latest state to eliminate a statutory ban prohibiting merchants from imposing a surcharge on customers who elect to pay for a transaction via credit or charge card. The Credit Transaction Charge...more

McDermott Will & Emery

Temporary Relief for Debt Collectors: 11th Circuit Withholds Hunstein Mandate

On June 14, 2021, the US Court of Appeals for the 11th Circuit issued an order withholding issuance of the mandate for its April 21, 2021, holding in Hunstein v. Preferred Collection and Management Services, Inc. In Hunstein,...more

Kerr Russell

Preparing For Mediation In Bankruptcy

Kerr Russell on

In a facilitative mediation, a neutral party serves as a mediator and works with the litigants to reach a settlement. The mediator has no power to rule or bind the parties to a judgment or decision, but rather facilitates a...more

Morgan Lewis

Effect of the MIFID II Research Regime on US Investment Managers

Morgan Lewis on

The MiFID II regime will have significant ramifications for US investment managers and their use of client commissions to obtain research—especially as cross-border impacts have yet to be addressed by global regulators....more

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