Creditors, Misrepresentation

Creditors Committee’s Request to Sue Diocese Insurers Denied

Rivkin Radler LLP on 11/2/2023

Recently, a bankruptcy judge denied a request by a creditors’ committee to sue the insurers of the Roman Catholic Diocese of Rockville Centre (the “Debtor”). The judge found that the Official Committee of Unsecured...more

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 9/21/2021

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

The Fifth Circuit Adopts An Expansive Reading Of Section 510(B); Subordinates Claim With 'Equity Characteristics'

Mintz - Bankruptcy & Restructuring Viewpoints on 10/2/2019

In French v. Linn Energy, L.L.C. (In re Linn Energy, L.L.C.), the United States Court of Appeals for the Fifth Circuit addressed the scope of Bankruptcy Code Section 510(b), settling on an expansive reading of the Section,...more

False Representation Must Be Material to Violate FDCPA, Second Circuit Rules

Ballard Spahr LLP on 8/3/2018

Resolving tension between New York and federal law, the U.S. Court of Appeals for the Second Circuit has ruled that a debtor must show that a debt collector's alleged false representation was material for it to be a "false,...more

D&Os – Be Aware of Creditor Exclusion in Your Insurance Coverage

Dechert LLP on 10/10/2016

The U.S. Court of Appeals for the Fifth Circuit recently held that a Creditor Exclusion provision in D&O insurance coverage may result in significant limitations on the coverage provided to the D&Os, when the underlying...more

Creditors › Misrepresentation

Creditors Committee’s Request to Sue Diocese Insurers Denied

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

The Fifth Circuit Adopts An Expansive Reading Of Section 510(B); Subordinates Claim With 'Equity Characteristics'

False Representation Must Be Material to Violate FDCPA, Second Circuit Rules

D&Os – Be Aware of Creditor Exclusion in Your Insurance Coverage

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