Archive | Bankruptcy & Reorganization

LNL Attorney Plays Pivotal Role In Confirmation of Columbus Blue Jacket Player Jack Johnsons’ Bankruptcy

Luper Neidenthal & Logan is proud to announce that attorney Christian Donovan, a shareholder at the firm, played a pivotal role in reaching the confirmation of a Chapter 11 Plan on November 23, 2016, while representing a creditor in the bankruptcy case of Columbus Blue Jackets player, Jack Johnson. Christian’s efforts led to the Plan […]

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Supreme Court Clarifies Non-Dischargeability for Actual Fraud

In the recent case of Husky International v. Ritz, the U.S. Supreme Court clarified non-dischargeability for “actual fraud” under Sec. 523(a)(2)( A) of the bankruptcy  code.  The Supreme Court interpreted the term “actual fraud” to encompass fraudulent conveyance schemes, even when those schemes do not involve a false representation. For further information, contact your bankruptcy […]

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Bankruptcy Court Denies Conversion: Big Win for Creditors in Jack Johnson’s Chapter 11 Case

Attorney Christian Donovan helped secure a victory for creditors in the Chapter 11 bankruptcy case of Columbus Blue Jackets hockey player Jack Johnson. Judge Hoffman of the Southern District of Ohio Bankruptcy Court issued a decision on February 26, 2016, denying Jack Johnson’s Motion to Convert from Chapter 11 to Chapter 7. Jack Johnson filed […]

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One Man’s Opinion on the Forgiveness of Student Loans

LNL recently assisted a small Ohio university in a sale of its assets to another accredited university. Our client was suffering from unresolvable financial problems from many causes, but one of its primary sources of revenue was the proceeds of student loans (which were insufficient to overcome its financial problems.). Billionaire investor Mark Cuban recently […]

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Mortgage Lenders in Bankruptcy: Know Your Rights and Anticipate Upcoming Changes

No creditor wants to receive a notice that its customer, client, or vendor has filed a bankruptcy case.  At best, the bankruptcy filing means delay and increased expense.  At worst, it means the reduction or extinguishment of a debt.  Secured creditors, however, have many rights and advantages over other creditors.  Secured creditors must, however, be […]

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Creditors Must Be Prudent Handling Discharged Mortgage Debt Obligations

An emerging trend in Bankruptcy law is that debtors’ attorneys are filing class actions against mortgage servicers for violating the discharge injunction codified at § 524 of the Bankruptcy Code. In recent filings, debtors’ attorneys have alleged that: The failure to update a credit report to show that a debt has been discharged is a […]

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Sixth Circuit Court of Appeals: Individual Chapter 11 Debtors Cannot Retain Pre-Petition Property Pursuant to a Nonconsensual Chapter 11 Plan if Creditors are not Paid in Full

In a recent decision, the United States Court of Appeals for the Sixth Circuit reversed a bankruptcy court decision from the United States District Court for the Eastern District of Tennessee which held that the absolute-priority rule, codified at 11 U.S.C. § 1129(b)(2)(B)(ii), did not apply in light of the 2005 amendments to the Bankruptcy […]

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Broken Bench

No matter how frustrated a lender may be with his debtor, that automatic stay of Section 362 of the bankruptcy code is still a stay. In the recent case of in re Stellato, decided by the Colorado Bankruptcy Court on May 9, 2014, Mr. Stellato had a grocery and deli. He financed his store equipment […]

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You, I’ll Pay

A man was lamenting his financial distress to his closest friend. “My business has been so bad in this economy,” he said, “that I’m afraid I may have to file bankruptcy.” “I have an alternative,” his friend said. “I’ve invented a pill that will slow your metabolism so much, you will appear dead. Here’s what […]

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Unintended Consequences or “Watch Out What You Wish For”

When Federal Bankruptcy laws were toughened up in 2005, due in large part to a $40 Million lobbying effort by credit card companies and lenders, homeowners have walked away from their houses and not filed bankruptcy in record numbers. Business Week recently reported that 800,000 fewer homeowners filed bankruptcy after defaulting on their home mortgages […]

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