Note from Peter S. Clark, II (R&I Practice Group Leader):

Welcome to the May 2018 issue of the R&I Alert, the newsletter produced by Reed Smith's Restructuring & Insolvency Group. Readers who wish to print and read the newsletter in its entirety may do so by clicking here. Please share your feedback and ideas. We appreciate the opportunity to serve you.

Authors: Peter S. Clark David A Kazlow Jared S. Roach Christopher O. Rivas Meghan A. Byrnes Reginald Sainvil Christopher A. Lynch Emily Devan

In this Issue:

  • Can a Secured Creditor Claw Back a Retainer Payment to Debtor’s Counsel?
  • Subchapter S Corporation Status is not Property of a Debtor’s Estate
  • Who Wants Relief from the Automatic Stay? A Refresher of What Can Constitute “Cause” in a Consumer Case.
  • Ninth Circuit Permits Sale of Real Property Free and Clear of Leasehold Interests
  • First Circuit Affirms Dismissal of Fraudulent Transfer and Fiduciary Duty Claims
  • An Undersecured Creditor Who Elects Treatment Under 11 U.S.C. § 1111(B) is Entitled to Post-Petition Attorneys’ Fees as Part of its Secured Claim
  • Judgment Creditor is Transferee Under Ucc 9-332 and Takes Garnished Funds Free of Lender’s Security Interest
  • Setoffs: Is it Mutual?
  • Creditor’s Refusal to Turnover Vehicle Repossessed Pre-Petition Does Not Violate Automatic Stay Bankruptcy Court Says
  • Bankruptcy Court Denies Substantive Consolidation of Non-Debtor Parents with the Bankruptcy Estate of Their Son
  • Bankruptcy Courts Will Enjoin Causes of Action Filed Against a Party Who Purchases Debtor’s Assets “Free And Clear,” With One Caveat
  • Court Approves Confirmation Plan of Church Using Till Formula to Approve Interest Rate on Secured Loans of Largest Creditor
  • Debtor Has No Further Obligation To Perform Under Rejected Trademark License And Exclusive Distribution Agreement
  • Third Circuit Limits the Reach of the Rooker-Feldman Doctrine
  • Trustee’s Claims Based on Loan to Own Allegations Survive Motion to Dismiss
  • Unclean Hands Post-Filing a Bar to Further Access to the Courts
  • Counsel’s Corner: News from Reed Smith

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