The Stockton Saga Continues: Untouchable Pensions On the Chopping Block?

Posted on May 21, 2013 by Sheppard Mullin

Judge Christopher M. Klein’s decision to accept the City of Stockton’s petition for bankruptcy on April 1, 2013 set the stage for a battle over whether public workers’ pensions can be reduced through municipal reorganization. Full Story

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Bankruptcy: A Responsible or Irresponsible Choice?

Posted on May 21, 2013 by Bryan Fears

In 2012, more than 1,000,000 Americans filed for personal bankruptcy. Job loss, health issues and divorce were just a few of the principle drivers that pushed these individuals into the protection of the bankruptcy court. Full Story

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Cram Down Dance During Chapter 13 Bankruptcy

Posted on May 20, 2013 by Bryan Fears

“Cram down” is lawyer-speak for a bankruptcy court reducing a secured interest to the value of the property. Full Story

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Involuntary Bankruptcy Petitions Dismissed Where Alter Ego Status Was Disputed

Involuntary Bankruptcy Petitions Dismissed Where Alter Ego Status Was Disputed

Posted on May 17, 2013 by Bruce M. Sabados

The United States Bankruptcy Court for the Southern District of New York granted motions to dismiss involuntary Chapter 7 petitions filed against TPG Troy LLC and T3 Troy LLC (the Troy Entities). Full Story

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Bankruptcy Dollar Amounts Increase

Posted on May 17, 2013 by Bryan Fears

Section 104 of the Bankruptcy Code authorizes adjustments of certain dollar amounts every three years to account for inflation. Full Story

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Magistrates to Handle Florida Residential Foreclosure Actions – Florida Supreme Court Amends Rule 1.490 and Significantly Changes Landscape of Residential Foreclosure Litigation

Posted on May 16, 2013 by Scott St. Amand

It is no secret that Florida consistently ranks among the worst states in the union in regards to the mire of the residential mortgage foreclosure case backlog. From 2007 to 2013, approximately 1.5 million foreclosure cases have been filed in Florida alone. Full Story

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US Trustee Suspends Random Bankruptcy Audits

Posted on May 15, 2013 by Bryan Fears

Back in 2005, lobbyists for big banks convinced Congress that rampant abuse plagued the federal bankruptcy system. Congress bought into this theory and passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Full Story

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Tips for a Successful Summer

Tips for a Successful Summer

Posted on May 14, 2013 by Jennyva Almira

In preparation for our 2013 Summer Associate program, I’ve been working on a project that will be a useful tool for our incoming summer classes.  Full Story

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Management: Look in the Mirror Before Filing for Chapter 11

Management: Look in the Mirror Before Filing for Chapter 11

Posted on May 14, 2013 by John Schafer

One of my favorite business topics is how to avoid the far too common “execution gap” between strategy and results.  Effectiveness is the ultimate test of any given course of action. Full Story

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The Ninth Circuit Holds That Bankruptcy Courts Have Authority to Recharacterize Debt As Equity

Posted on May 14, 2013 by Sheppard Mullin

On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity, rather than debt, advances of funds made purportedly as a loan to the recipient prior to its bankruptcy. Full Story

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