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When Bankruptcy And Equity Collide Image

When Bankruptcy And Equity Collide

Charles M. Oellermann & Mark G. Douglas

In <i>Ades and Berg Group Investors v. Breeden</i> (<i>In re Ades and Berg Group Investors</i>), the court of appeals affirmed a decision below refusing to impose a constructive trust on proceeds from a settlement of reinsurance claims that were paid to a Chapter 11 debtor. According to the Second Circuit, "retention by the bankruptcy estate of assets that, absent bankruptcy, would go to a particular creditor is not inherently unjust."

Features

Separation and General Releases Image

Separation and General Releases

Anne Ciesla Bancroft

This article highlights key issues to consider when preparing employee separation agreements.

Features

Appreciation in Separately Owned Home Values Image

Appreciation in Separately Owned Home Values

Marcy L. Wachtel & Lori K. Meyer

With the dual objective of creating certainty and enhancing the possibilities for settlement, the authors set forth herein a formulaic approach to the division and distribution of the appreciation in value of a separately owned residence (SOR).

Features

Real Property Law Image

Real Property Law

ALM Staff & Law Journal Newsletters

Analysis of recent rulings.

Features

Development Image

Development

ALM Staff & Law Journal Newsletters

A look at recent rulings of importance.

Features

Recording Mortgage Fraud Image

Recording Mortgage Fraud

Marvin Bagwell

Mortgage fraud, which usually starts with a forged deed or a deed obtained by fraudulent means, is a burgeoning national problem. The title industry has good reason to complain and is definitely receptive to any efforts that reduce fraud in the real estate marketplace. The devil, however, is in the details.

Features

Litigation Image

Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

Debt Forgiveness: Watch Out for the Tax Consequences Image

Debt Forgiveness: Watch Out for the Tax Consequences

Laurence J. Cutler & Erin D. DeGeorge

When drafting a property settlement agreement that involves debt forgiveness (<i>i.e.</i>, foreclosure, short sale, reduction in credit card debt), it is critical that matrimonial attorneys be aware of the tax consequences because the financial impact on a client can be enormous.

Features

Curbing Internet Defamation Image

Curbing Internet Defamation

Jonathan Bick

An identifiable Internet speaker who sends an unlawful e-mail or posts an unlawful Internet message is subject to traditional litigation tactics. However, countless Internet speakers are not effortlessly identifiable. Hence, novel technical, administrative law and litigation tactics are advantageous for successfully curbing Internet defamation.

Features

Preemption Beyond Drugs and Medical Devices Image

Preemption Beyond Drugs and Medical Devices

Daniel J. Herling

Although the issue of Federal Preemption has grabbed the headlines in medical device and pharmaceutical cases, those analyzing preemption's impact on plaintiff's failure-to-warn claims on other types of products that are subject to federal regulation are significant for their varied results.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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