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  • Article

    Post Confirmation Loan Documents: What Happens If The Parties Don’t Agree?

    The provisions in a confirmed Chapter 11 plan of reorganization dealing with an allowed secured claim outlined the post confirmation loan terms.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Repossession: Just Because You Have A Legal Right To Recover Assets Doesn’t Mean It Is Going To Be Easy

    After extended litigation regarding the rights of two Chapter 7 debtors, the bankruptcy court ordered that two bankruptcy trustees were entitled to possession of the debtors’ home and authorized the U.S. Marshals to evict anyone at the property.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The Ivanhoe Rule: Double Recovery Is Not Permitted, But … (A/K/A Limitation-On-Dividend Approach Meets Reduction-Of-Claim Approach)

    The creditors committee objected to proofs of claim filed by a group of unsecured lenders who had received partial payment from a non-debtor co-obligor, arguing that the claims should be reduced by the payments.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    UCC Financing Statements: Words To The Wise — Do Not Allow An Active UCC To Lapse

    This opinion opens with a riddle: "When is a financing statement that is no longer effective, still effective?"
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    De-Identifying Protected Health Information: OCR Issues Long-Awaited Guidance

    The HIPAA Privacy Rule is intended to protect individually identifiable health information by limiting its use and disclosure.
    United StatesPrivacy
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Construction Trust Funds: Does Failure To Pay Give Rise To A Non-Dischargeable Debt?

    Scott Thompson, the owner and manager of a construction company, signed a confession of judgment accepting liability for the company's failure to pay its subcontractor sums received from an owner for a construction job.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Foreclosure Procedures: Dot Those i’s and Cross Those t’s… Or Else

    A mortgagee requested a comfort order from the bankruptcy court to confirm that the automatic stay did not apply to property that it had purchased at a non-judicial foreclosure sale immediately before the mortgagor filed bankruptcy.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Summary of HUD’s LEAN 232 Program E-Mail Blast: Office of Residential Care Facilities (ORCF), November 12, 2013

    In an effort to summarize the highlights of the U.S. Department of Housing and Urban Development (HUD) LEAN E-mail Blasts that we receive, and rarely have time to review in a timely fashion, we at Pepper are providing this quick synopsis of the latest LEAN update.
    United StatesReal Estate and Construction
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Landlord Claims: Not All Administrative Expense Claims Are Equal

    A commercial landlord asked the bankruptcy court to allow its administrative expense claim in a chapter 11 case.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Third Circuit Affirms Dismissal Of FLSA Overtime Claims In Hospital Meal Break Cases

    On August 26, the United States Court of Appeals for the Third Circuit affirmed the District Court’s dismissal of FLSA overtime claims.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    The Trouble With Crowdfunding

    For individual investors the most troublesome provisions of the Jumpstart Our Business Startups Act, relate to crowdfunding–a term not defined in the law, but popularly used to mean raising money online for a variety of purposes.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Hut, Hut, Hike! Investors Buying Stock In NFL Player Through First Fantex IPO

    On April 28, 2014, shares of Fantex, Inc. (Fantex), which are linked to the performance and earnings of Vernon Davis, star tight end of the San Francisco 49ers, were sold to the public.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Federal Court Agrees With Magistrate That Whether A Tribal Lender Is A For-Profit Corporation Is A Triable Issue Of Fact

    The United States District Court for the District of Nevada in "FTC v. AMG Services, Inc" granted a partial victory to Indian tribal payday lenders.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    "Strong Arm" Powers Round 4: Manufactured Home Liens

    Proper perfection of a lien is critical because typically an unperfected lien can be avoided in a bankruptcy using the strong arm powers in Section 544 of the Bankruptcy Code.
    United StatesCorporate/Commercial Law
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Illinois Governor Signs Two New Independent Contractor Laws To Deter Misclassification

    Governor Pat Quinn of Illinois signed two new laws today, July 23, 2013, intended to curtail misclassification of employees as independent contractors.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    New Federal Worker Misclassification Study: U.S. Department Of Labor To Question Workers About Their Knowledge Of Independent Contractor Misclassification

    A proposal for the U.S. Department of Labor to conduct a study to get a better understanding of employees' experience with worker misclassification.
    United StatesEmployment and HR
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    National Academy Of Sciences Group Recommending Methods To Facilitate Transition Of Cleanup Programs From Problem Identification And Remedy Selection To Long-Term Management

    The National Research Council, an arm of the National Academy of Sciences (NAS), today released a report, "Alternatives for Managing the Nation’s Complex Contaminated Groundwater Sites".
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    NJ Enacts Law Extending Time For Adoption Of WQM Plans To Avoid Withdrawal Of Sewer Service Areas

    On January 16, 2014, Gov. Christie signed legislation that provides additional time for county planning agencies to submit regional water quality management plans to the New Jersey Department of Environmental Protection, thereby avoiding the significant threat of widespread withdrawal of sewer service areas and a halt of proposed development projects throughout New Jersey.
    United StatesEnvironment
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Mortgagees Beware: Stay Relief Does Not Mean You Are Home Free

    A lender obtained relief from the automatic stay in a bankruptcy so that it could proceed with foreclosure of its mortgage.
    United StatesFinance and Banking
    Pepper Hamilton LLP
    Pepper Hamilton LLP
  • Article

    Strong Arm Powers: What Happens When A Mortgage Is Avoided – Does It Go Poof?

    A chapter 7 trustee sought to avoid an unrecorded first mortgage on the debtor's property and to preserve the mortgage lien for the benefit of the bankruptcy estate.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Pepper Hamilton LLP
    Pepper Hamilton LLP

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