Bankruptcy Blogs

CPI Preference Actions – Pretrial Conference Scheduled

03/10/15

As detailed in this prior post, on February 6, 2015, Charles A.

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How does a landlord recover its administrative rent claim?

03/09/15

Section 365(d)(3) of the Bankruptcy Code requires the debtor-tenant to “timely perform all the obligations …. under any unexpired lease of nonresidential real property” until such time that the tenant assumes or rejects the lease.  If a tenant files for bankruptcy and remains in possession of the property, yet fails to pay rent as provided for under the lease, the landlord should consider filing a motion for an administrative claim.

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Archdiocese's Potential Fraudulent Transfer Not Protected by RFRA, First Amendment

03/09/15

The Archdiocese of Milwaukee’s Chapter 11 case remains the longest running Chapter 11 case filed by an Archdiocese or other Catholic entity. It filed in January 2011, and because of religious-based objections to the application of the Code's fraudulent and preferential transfer provisions, Bankruptcy Judge Susan Kelley has declined to rule on any reorganization plan until the objections are settled.

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Cal Dive Formation Meeting Scheduled

03/09/15

In the Cal Dive International, Inc. bankruptcy proceeding, a formation meeting has been scheduled for Tuesday, March 17, 2015 at 10:00 a.m. (ET) at the Doubletree Hotel, 700 N. King Street, Wilmington, DE 19801.  Click here for a copy of the Notice of Formation Meeting for Official Committee of Unsecured Creditors issued by the Office of the United States Trustee.

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Complexity, Not Size, Determines Banks' Risk to Financial System

03/09/15

When regulators use asset size as a yardstick, they impose unnecessary rules on larger financial institutions that employ traditional banking models.

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Fifth Circuit Report: February 2015

03/09/15

February's bankruptcy opinions revolve around the common theme of not doing things right.   There is the case of an attorney who didn't pay a sanctions order and incurred more liability, an assignee from a bankruptcy debtor who wasn't in existence at the time and a buyer who didn't read his title commitment.    They did not find any satisfaction at the Court of Appeals.

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Cache Gift Cards Expire Early Next Month

03/09/15
A view of a Cache store at The Shops at Columbus Circle in Midtown Manhattan
Sara Randazzo

Women’s dress and formalwear chain Cache officially

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Why Banks Need to Go Beyond Basic Stress-Test Compliance

03/09/15

Banks have spent a lot of money in order to comply with stress-test requirements. But they will only realize the value on their investments if they integrate stress-test tools and results into their daily decision-making process.

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The Daily Docket: Dune Energy Files for Bankruptcy

03/09/15

Dune Energy Inc . filed for bankruptcy protection Sunday after falling oil prices caused a proposed merger with Eos Petro Inc. to fall apart. The Wall Street Journal has the Daily Bankruptcy Review article here.

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Morning Scan: Credit Agencies Agree to Revamp Dispute Process; Stress-Test Prep

03/09/15

Receiving Wide Coverage ...

Credit-Reporting Shakeup: Three credit-reporting giants have agreed to change the way they handle errors and unpaid medical bills in a deal with New York State Attorney General Eric Schneiderman. Equifax, Experian and TransUnion will carry out most of the changes on a nationwide scale in what the Wall Street Journal calls "the biggest reform for the credit-reporting industry since 2003." The settlement includes two big changes, according to the paper, which got...

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