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POCs and the FDCPA: A License to File Image

POCs and the FDCPA: A License to File

Chris Hawkins & Karlene Archer

Buyers and servicers of “stale,” or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy — seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy — violates the Fair Debt Collections Practices Act (FDCPA).

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Product Liability, Bankruptcy and the Proceeds of Legal Action Image

Product Liability, Bankruptcy and the Proceeds of Legal Action

Janice G. Inman

A recent case dealt with an unusual question presented to a bankruptcy court by a debtor's medical device product liability claim: If, at the time of bankruptcy filing, the debtor has a potential civil claim that lacks some of the elements necessary for recovery (which elements may never develop), yet later receives settlement, are the proceeds of that settlement part of the bankruptcy estate?

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Product Liability, Bankruptcy and the Proceeds of Legal Action Image

Product Liability, Bankruptcy and the Proceeds of Legal Action

Janice G. Inman

When does a cause of action accrue for an injury caused by an implanted medical device? This is a question that usually comes up when determining whether an allegedly injured plaintiff has brought his or her lawsuit in a timely enough manner to keep the claim from being thrown out on statute of limitations grounds. But if the case has been settled, or tried to a verdict that is not appealed, aren't we done with this question? Not necessarily.

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Third Circuit Sides With Creditors in EFIH Make-Whole Dispute Image

Third Circuit Sides With Creditors in EFIH Make-Whole Dispute

John J. Rapisardi & Joseph Zujkowski

At the end of last year, the Third Circuit added to several recent decisions addressing whether a creditor was entitled to payment of a "make- whole" premium in connection with a Chapter 11 case. The court's opinion is the most creditor-friendly decision issued to date on this topic.

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Ninth Circuit Finds That 1111(b) Deemed-Recourse Rights Do Not Survive Foreclosure Of Underlying Property Image

Ninth Circuit Finds That 1111(b) Deemed-Recourse Rights Do Not Survive Foreclosure Of Underlying Property

Craig S. Ganz & Michael A. DiGiacomo

The Ninth Circuit recently announced in <I>Mastan v. Salamon (In re Salamon</I>) that a secured creditor with a nonrecourse mortgage cannot assert a claim for any deficiency if the underlying property is foreclosed on during the bankruptcy case. Here's an analysis of the decision.

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Equipment Lessors and Bankruptcy Image

Equipment Lessors and Bankruptcy

Michael A. Brandess & Jonathan Friedland

Much has been written about the risk that a transaction denominated and documented as an equipment "lease" may be recharacterized a security interest. Equipment lessors seem to understand. Interestingly, equipment lessors commonly seem to not understand all of the rights and remedies they have in the absence of recharacterization. So, what's a true equipment lessor to do in the face of the Chapter 11 of its lessee?

Features

POCs and the FDCPA: A License to File Image

POCs and the FDCPA: A License to File

Chris Hawkins & Karlene Archer

Buyers and servicers of "stale," or time-barred, debt have been watching the bankruptcy and appellate courts closely of late, as court after court has ruled on whether a key component of their recovery strategy -- seeking payment related to such time-barred debts by filing proofs of claim in bankruptcy --€” violates the Fair Debt Collections Practices Act (FDCPA).

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Cayman Court Facilitates Chapter 11 Restructuring of Parent Company Image

Cayman Court Facilitates Chapter 11 Restructuring of Parent Company

Tony Heaver-Wren, Jeremy Snead & Dave Bulley

the authors were heavily involved in the cross-border restructuring of CHC Group Ltd. (CHC Parent). CHC Parent was the ultimate holding company of the CHC Group (the Group), being one of the world's largest commercial helicopter services providers, primarily engaged in servicing the offshore oil and gas industry. This article provides a narrative about the case.

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On the Move Image

On the Move

ljnstaff & Law Journal Newsletters &

White &amp; Case LLP has expanded its Global Financial Restructuring and Insolvency Practice by adding Philip Abelson and David Turetsky as partners in…

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Using a True Lease or a TRAC Lease Image

Using a True Lease or a TRAC Lease

Deirdre M. Richards

<b><I>Potential Complications in Bankruptcy</I></b><p>An equipment financing company will often decide whether it wants a transaction to be a true lease or a TRAC lease as opposed to a retail sale. A good reason to be able to make the distinction is to determine what might be the best structure for an equipment financier. This article explores the differences.

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