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September 18, 2014


Greenberg Traurig, LLP

Perfection and the New Jurisdiction-Hopping Corporations Re: Corporate Restructuring 

 

  

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    Protect Your Estate from Beneficiary Bankruptcy: Lessons from Clark v. Rameker
    In the preparation of a comprehensive estate plan for a client, an attorney must consider the size of the estate, the manner in which assets are titled, transfer and income tax issues, and family dynamics.  In light of the recent United States Supreme Court decision in Clark v. Rameker, ("Clark") there is now one more area of concern.  ...For Full Text
    Mintz Levin LOGO FixedAnother Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents
    In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court considered bondholders' right to recover make-whole premiums (premiums paid for early repayment of debt) upon the payment of accelerated debt following the borrower's bankruptcy default. ...For Full Text
    Is there a Serious Threat to a Secured Creditor's Right to Credit Bid at Bankruptcy Sales, or Is the Impact of Recent Cases Narrower?
    The right to credit bid is one of the most important protections afforded a secured creditor. Recognized under both state and bankruptcy law, the right to credit bid safeguards against undervaluation at an asset sale, whether at a state law foreclosure or bankruptcy sale proceeding. . ...For Full Text
    High Yield Debt and the Decrease in Bankruptcy Filings
    It is no surprise to anyone involved in the restructuring community that bankruptcy filings continue to decline. As reported by theAmerican Bankruptcy Institutecorporate chapter 11 filings have decreased 34 percent since 2013. ...For Full Text
    Greenberg TraurigA Bankruptcy Court Lacks Subject Matter Jurisdiction to Determine Tax Refund Claim Requested by Post-Confirmation Liquidating Trustee
    A bankruptcy court lacks subject matter jurisdiction to determine a tax refund claim under Section 505(a)(2)(B) of the Bankruptcy Code where the refund was requested by a liquidating trustee appointed pursuant to a plan, as opposed to a pre-confirmation bankruptcy trustee or debtor-in-possession, the Second Circuit held in United States v. Bond, Docket No. 12-4803 (2nd Cir. Aug. 13, 2014). ...For Full Text
    Bankruptcy: To (Credit) Bid Or Not To (Credit) Bid, That Is The Question
    If you're a secured lender, news of a Chapter 11 filing by your borrower can be unsettling. The commencement of a Chapter 11 case triggers an "automatic stay" which, with certain exceptions, operates as an injunction against all actions affecting the debtor or its property.1   Under the automatic stay, a secured lender holding a security interest in the debtor's property may not repossess or foreclose on that property without the permission of the bankruptcy court. ...For Full Text
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