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24 of Burr’s Attorneys Recognized in the “2020 Legal Elite” for South Carolina

Burr Forman

Jennifer Blumenthal – Banking and Finance. Weyman Carter – Banking and Finance; Bankruptcy and CreditorsRight. Craig Garner – Healthcare; Banking and Finance. Brandon Norris – Corporate Law, Mergers and Acquisitions; Commercial Real Estate; Banking and Finance; Energy and Utilities.

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Delaware Bankruptcy Court Holds LLC Operating Agreement Provisions Placing Sole Power in the Company’s Lender to Prevent a Bankruptcy Filing are Void as Against Public Policy

The Creditors Rights

In an important decision for debtors and creditors alike, the United States Bankruptcy Court for the District of Delaware has ruled that provisions in a limited liability company operating agreement, granting the company’s lender absolute power to prevent the company from filing a bankruptcy petition are unenforceable as against public policy.

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17 of Burr’s Attorneys Recognized in the “2021 Legal Elite” for South Carolina

Burr Forman

Weyman Carter – Bankruptcy & Creditors Rights. Brandon Norris – Banking & Finance; Corporate Law, Mergers, & Acquisitions. The Burr & Forman attorneys named among the “Legal Elite” list and their respective categories are: Adam Artigliere – Commercial Real Estate. John Connell, Jr. Labor & Employment.

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Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise

The Creditors Rights

The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation in § 1129(b) to deny an oversecured creditor default interest on its claim to which it would otherwise be entitled under § 506(b). In Wells Fargo Bank, N.A. 819 (9 th Cir.

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Mitigating Risks Associated with Hotel, Restaurant and Entertainment Industry Economic Challenges – Part 3: Commercial Mortgage Default Options Including Acceleration and Enforcement of Personal Guaranties

Jimerson Firm

Bank of America, N.A., 3d DCA 2006) (“In Florida, an acceleration clause in a mortgage confers a contract right upon the note or mortgage holder which he or she may elect to enforce upon default.”). Bank, N.A. See, e.g. , Flagship Bank of Orlando v. Bank of Montreal, 542 So. First Nat’l Bank & Tr.,

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Lenders Beware: Foreclosure Judgments Can be Set Aside At Any Time Before The Sale Occurs

Jimerson Firm

Bank of Am. For example, if the court entered a final judgment of foreclosure after the borrower filed a petition for bankruptcy in federal court, the judgment will be void and therefore, must be set aside. 1.540(b) ; Toler v. Ass’n , 78 So. 3d 699, 703 (Fla. Citibank, N.A. Unknown Heirs , 197 So. 3d 1214, 1215 (Fla.

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Secured Creditors Beware: Ninth Circuit Holds a Chapter 13 Debtor may Avoid Liens Even if not Entitled to a Discharge

The Creditors Rights

Congress enacted § 1328(f) of the Bankruptcy Code when its passed BAPCPA. The creditor in Blendheim was HSBC Bank, which held a deed of trust lien on the debtors’ home. For some unknown reason, HSBC never responded to the debtors’ objection, and the bankruptcy court entered an order disallowing HSBC’s secured claim.

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