ArticlePost 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-StructuringPepper Hamilton LLP
ArticleRepossession: Just Because You Have A Legal Right To Recover Assets Doesn’t Mean It Is Going To Be EasyAfter 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-StructuringPepper Hamilton LLP
ArticleThe 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-StructuringPepper Hamilton LLP
ArticleUCC Financing Statements: Words To The Wise — Do Not Allow An Active UCC To LapseThis opinion opens with a riddle: "When is a financing statement that is no longer effective, still effective?"United StatesInsolvency/Bankruptcy/Re-StructuringPepper Hamilton LLP
ArticleDe-Identifying Protected Health Information: OCR Issues Long-Awaited GuidanceThe HIPAA Privacy Rule is intended to protect individually identifiable health information by limiting its use and disclosure. United StatesPrivacyPepper Hamilton LLP
ArticleConstruction 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 ConstructionPepper Hamilton LLP
ArticleForeclosure Procedures: Dot Those i’s and Cross Those t’s… Or ElseA 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 ConstructionPepper Hamilton LLP
ArticleSummary of HUD’s LEAN 232 Program E-Mail Blast: Office of Residential Care Facilities (ORCF), November 12, 2013In 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 ConstructionPepper Hamilton LLP
ArticleLandlord Claims: Not All Administrative Expense Claims Are EqualA commercial landlord asked the bankruptcy court to allow its administrative expense claim in a chapter 11 case. United StatesInsolvency/Bankruptcy/Re-StructuringPepper Hamilton LLP
ArticleThird Circuit Affirms Dismissal Of FLSA Overtime Claims In Hospital Meal Break CasesOn 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 HRPepper Hamilton LLP
ArticleThe Trouble With CrowdfundingFor 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 LawPepper Hamilton LLP
ArticleHut, Hut, Hike! Investors Buying Stock In NFL Player Through First Fantex IPOOn 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 LawPepper Hamilton LLP
ArticleFederal Court Agrees With Magistrate That Whether A Tribal Lender Is A For-Profit Corporation Is A Triable Issue Of FactThe 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 BankingPepper Hamilton LLP
Article"Strong Arm" Powers Round 4: Manufactured Home LiensProper 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 LawPepper Hamilton LLP
ArticleIllinois Governor Signs Two New Independent Contractor Laws To Deter MisclassificationGovernor Pat Quinn of Illinois signed two new laws today, July 23, 2013, intended to curtail misclassification of employees as independent contractors. United StatesEmployment and HRPepper Hamilton LLP
ArticleNew Federal Worker Misclassification Study: U.S. Department Of Labor To Question Workers About Their Knowledge Of Independent Contractor MisclassificationA 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 HRPepper Hamilton LLP
ArticleNational Academy Of Sciences Group Recommending Methods To Facilitate Transition Of Cleanup Programs From Problem Identification And Remedy Selection To Long-Term ManagementThe 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 StatesEnvironmentPepper Hamilton LLP
ArticleNJ Enacts Law Extending Time For Adoption Of WQM Plans To Avoid Withdrawal Of Sewer Service AreasOn 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 StatesEnvironmentPepper Hamilton LLP
ArticleMortgagees Beware: Stay Relief Does Not Mean You Are Home FreeA lender obtained relief from the automatic stay in a bankruptcy so that it could proceed with foreclosure of its mortgage. United StatesFinance and BankingPepper Hamilton LLP
ArticleStrong 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-StructuringPepper Hamilton LLP