Vendor Salary and Benefits Information Must be Meaningfully Considered When Evaluating Realism of Vendor Compensation The Government Accountability
When Evaluating Realism of Vendor Compensation The Government Accountability Office sustained a protest filed by Veterans Management Services against...
P.R. Supreme Court Alert: Landmark Ruling Allows Inverse Condemnation Claim When Government Refuses to Vacate Property After Lease Expired
Claim When Government Refuses to Vacate Property After Lease Expired In Ortiz Zayas v. ELA, a landlord leased an office to the P.R. Department of Justice.
Failure to Read Documents Incorporated by Reference Leads to Dilution of 50% Stake in Company to a Minority Interest The obligation of a contracting
50% Stake in Company to a Minority Interest The obligation of a contracting party to read a contract extends to documents incorporated by reference.
P.R. Treasury Department Again Violates Automatic Stay The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income
The PRTD sent a chapter 13 debtor a “Payment Notice of Second Installment of Individual Income Tax Return.” The notice pertained to a pre-petition debt...
8th Circuit: Chapter 5 Avoidance Actions Can Be Sold As Property of the
Estate The Bankruptcy Code provides the trustee with powerful tools intended to enhance the value of the bankruptcy estate.
First Circuit BAP Upholds Disallowance of Claim Based on Settlement Agreement and Rejects Fraudulent Inducement
Agreement and Rejects Fraudulent Inducement The Bankruptcy Appellate Panel for the First Circuit upheld the disallowance of a claim filed by Bonni...
363 Sale of 50% Interest in LLC Did Not Convey Membership in the Company When drafting multi-member LLC operating agreements (OAs), it is important
When drafting multi-member LLC operating agreements (OAs), it is important to keep in mind that the flexibility inherent to this type of business...
Municipal Revenue Bond Holders Suffer Another Legal Setback
Revenue bonds depend on the revenue from a specific project or source, not the full taxing power of the issuer.
Mortgage Lien Invalidated Due to Incorrect Description of Property
A debtor purchased a home from a developer. The property was located in a lot which had not yet been segregated from the main property.
Bankruptcy Court Finds PR Treasury Department Liable for Violating Discharge Injunction In Rivera-Padilla v. Treasury Department of PR, the Treasury
Discharge Injunction In Rivera-Padilla v. Treasury Department of PR, the Treasury Department of Puerto Rico sent a debtor a Collection Notice...
Bankruptcy Case Dismissed Due to Unauthorized Filing
A creditor successfully argued for the dismissal of a Chapter 11 case due to the unauthorized filing of the bankruptcy petition.
LLC Member’s Managerial and Voting Rights Cannot Be Stripped Upon Bankruptcy Filing Notwithstanding State Law Provisions to the Contrary Today’s
Bankruptcy Filing Notwithstanding State Law Provisions to the Contrary Today’s Rochelle’s Daily Wire discusses a recent bankruptcy case with important...
Allegations of Self-Dealing, Uninformed Decisions, and Lack of Formalities Raise Plausible Claims for Breach of Fiduciary Duties and Debt
Formalities Raise Plausible Claims for Breach of Fiduciary Duties and Debt Recharacterization or Subordination A complaint filed by a liquidating...