Puerto Rico Bankruptcy Court Denies Creditor’s Requests to Amend Proof of Claim
In In re Martinez, the United States Bankruptcy Court for the District of Puerto Rico held that a creditor was responsible for its own failure to accurately identify the secured and unsecured portions of its claim and the Chapter 13 trustee did not have to verify the accuracy of the claim as filed by the creditor.
Bankruptcy Court Can Compel Defendants to Convey Trust Interest in Extraterritorial Realty
The United States Court of Appeals for the Ninth Circuit affirmed the order of the United States Bankruptcy Court for the Southern District of California that required the defendants-appellants to return their beneficial interest in Mexican realty to debtor’s estate.
Bankruptcy Court’s Refusal to Appoint Financial Group as Estate Professional Is Not Misconduct
In In re Complaint of Judicial Misconduct, the United States Court of Appeals for the Ninth Circuit rejected a complaint for judicial misconduct filed by the principal owner of a financial group against a sitting bankruptcy judge who refused to approve the appointment of the financial group based on the judge’s view that the financial group had disregarded the terms of retention orders entered by the judge in other cases.
Office of the Common Interest Community Ombudsman Created
On August 12, 2014, Governor Markell signed into law House Bill No. 308, as amended, which creates the Office of the Common Interest Community Ombudsman and the Common Interest Community Advisory Council.
When a Settlement No Longer Is Consensual
A quick review of Bankruptcy Rule 9019 makes clear that the settlement requires court approval. But does this mean that no settlement is binding until approved by the court, such that a party can unilaterally walk away before that point?
2014 Amendments to Delaware’s Alternative Entities Legislation
The following is a brief summary of some of the more significant amendments that affect Delaware limited liability companies, Delaware limited partnerships and Delaware general partnerships.
Delaware Insider: Recent Amendments to the Alternative Entity Acts
The State of Delaware continues to ensure that its alternative entity statutes remain state of the art. In furtherance of that objective, effective August 1, 2014, Delaware amended the Delaware Limited Liability Company Act (LLC Act), the Delaware Revised Uniform Limited Partnership Act (LP Act), the Delaware Revised Uniform Partnership Act (GP Act), and the Delaware…
Tank Trap? Lender Liability Reform and Expanded Scope of Underground Storage Tank Liability for Owners and Operators
In the 2013 legislative session, Delaware adopted environmental lien legislation authorizing the Delaware Department of Natural Resources and Environmental Control to impose environmental liens on real property to recover its cleanup costs.
Chancery Dismisses Stockholder Suit Over Expedia CEO Award
In Friedman v. Khosrowshahi, the Court of Chancery dismissed the plaintiff's claims challenging the decision by the compensation committee of Expedia Inc. to accelerate the vesting of a restricted stock unit award.
Support for R&D for Small Businesses
On July 15, 2014, Governor Jack Markell signed into law House Bill No. 318 which targets small company start-ups by directing additional tax credit support to businesses with less than $20,000,000 in receipts.