Author: HigierAllenLautin

Jason Rodriguez authors “A Lender’s First Line of Defense May be the Debtor’s Own Chapter 11 Plan” for Lenders 360

Jason Rodriguez authors a blog at lenders360blog.com. Read the post below.

On occasion I have thought that a chapter 11 bankruptcy case is somewhat analogous to a trip on a plane in a few ways. Among other analogous events, consider checking a bag and then forgetting to pick it up on the conveyor belt after the flight lands. It would be easy enough to do – as the bag is riding in the cargo hold, perhaps it was simply forgotten. If that has ever happened to you, it’s likely you went back to pick up the bag from the airport. On the other hand, in a chapter 11 bankruptcy case, if the debtor-in-possession doesn’t pick up all of its assets when it exits bankruptcy, it will lose them forever…

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Jason Rodriguez authors “PWC Escapes MF Global, Inc. Class Action Suit Claiming In Pari Delicto” for Lenders 360

Jason Rodriguez authors a blog at lenders360blog.com. Read the post below.

I have been told that in a traffic jam ambulance drivers are taught to move to the first opening available in traffic and figure out where to go after that.  Sometimes legal strategy takes that same philosophy.  In a recent 2nd Circuit Case, PriceWaterhouseCoopers, LLP (“PwC”) asserted in pari delicto to avoid immediate liability in a MF Global, Inc. (“MF Global”) related lawsuit.  What happens next, I assume has already been figured out by their very capable lawyers…

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Jason Rodriguez authors “Make Whole Provisions: the Need to Aggressively Walk Back Aggressive Collection Provisions” for Lenders 360

Jason Rodriguez authors a blog at lenders360blog.com. Read the post below.

Unexpected things happen in bankruptcy. Some debts can be restructured, some debts can be reduced and some debts the debtor is just stuck with. In contrast, outside of the bankruptcy ecosystem, economic interests are treated normally. Because of the difference, a creditor’s activities for recovery in bankruptcy will, at times, seem at odds with their economic interests if viewed through the lens of a normal collection matter…

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