Recoupment: Eighth Circuit Rejects 'Balancing of the Equities' Test
The Eighth Circuit recently held that equitable considerations could not prevent a creditor's recouping amounts owed to it by a Chapter 7 debtor. Ending a three-year battle in three courts, its ruling resulted in a win for a disability insurer over a disabled individual. In reality, however, nobody won.
Bond ' Supersedeas Bond
The Delaware Bankruptcy Court, in <i>In re Tribune Company, et al.</i>, recently granted a motion for a stay pending appeal of its order confirming Tribune's fourth amended joint plan of reorganization, but conditioned the imposition of the stay upon the posting of a $1.5 billion <i>supersedeas</i> bond.
Unfinished Business Claims
Recently, two New York federal district courts reached conflicting decisions in the Coudert Brothers LLP and Thelen LLP bankruptcy cases with respect to "unfinished business.
In the Marketplace
Highlights of the latest equipment leasing news.
Features
Economic Outlook Report
The Equipment Leasing & Finance Foundation has released the fourth quarter update to its 2012 Equipment Leasing & Finance U.S. Economic Outlook, which projects growth in equipment and software investment for 2012 at 6.7%, down from the 2011 growth rate of 11%.
Counterintuitive Strategies for Success in Mediation
Set forth in this article are four strategies that run counter to much conventional wisdom in the dispute resolution world. They may not be traditional, but properly employed, they work.
Features
Recent Developments in Enforcement of Forum Selection Clauses
This article highlights several practical tips that will increase the probability that a forum selection clause will be enforced to its maximum effect.
Features
To Participate or Not to Participate: A Secured Party's Question
This article considers what might happen to a secured claim if the creditor fails, or elects not, to participate in its debtor's bankruptcy case.
Client Audits
Client Audits have proven to be a valuable tool in support of a law firm's strategic plan and related client relationship expansion efforts.
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- Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTsA federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.Read More ›
- Compliance Officers and Law Enforcement: Friends or Foes?<b><i>Part Two of a Two-Part Article</b></i><p>As we saw in Part One, regulators have recently shown a tendency to focus on compliance officers who they deem to have failed to ensure that the compliance and anti-money laundering (AML) programs that they oversee adequately prevented corporate wrongdoing, and there are several indications that regulators will continue to target compliance officers in 2018 in actions focused on Bank Secrecy Act/AML compliance.Read More ›
- Bankruptcy Sales: Finding a Diamond In the RoughThere is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.Read More ›
- Structuring Strategies for Off-Balance-Sheet Treatment of Real Property LeasesThe Financial Accounting Standards Board released a new set of lease accounting standards, ASC 842, which went into effect earlier this year. Most significantly, publicly traded companies are now obligated to list all leases of 12 months or longer on their balance sheets as both assets and liabilities. Large private companies will follow suit in 2020.Read More ›
- Removing Restrictive Covenants In New YorkIn Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?Read More ›