In this article from our Creditor’s Right Toolkit series, we discuss the process of Section 363 sales. A Section 363 bankruptcy sale, as defined by the Bankruptcy Code, involves the sale of a company’s assets, which the Bankruptcy Court approves if the debtor can demonstrate a “substantial business justification.”
This article, part of our Creditor’s Rights Toolkit series, serves as an essential guide for vendors navigating the complex landscape of dealing with financially distressed or bankrupt customers. It provides a detailed exploration of the options available to vendors who are proactive and quick to act when they learn of their customer’s financial woes.
This article, part of our Creditor’s Rights Toolkit series, discusses strategies for businesses to protect themselves when they suspect a customer might file for bankruptcy. These strategies include:
Obtaining a Deposit: This makes the business a secured creditor, which often get paid in full in a bankruptcy case, unlike unsecured creditors.
Establishing Payment in…
Understanding the complex interplay between successor liability and bankruptcy law is crucial for creditors seeking to recover debts. In this article in our Creditor’s Toolkit series, we dissect the nuances of Section 363(f) of the Bankruptcy Code, which typically exempts bankruptcy sales from successor liability, while also shedding light on the exceptions to this rule.
Troutman Pepper has been recognized for its exceptional work in the field of Banking & Finance and Financial Services Law in the 14th edition of Best Law Firms®. Our firm’s National Tier 1 rankings include Banking and Finance Law, Financial Services Regulation Law and Banking & Finance Litigation.
On October 17, 52 state and territorial attorneys general, in addition to state money transmission regulators, entered into settlements amounting to more than $20 million with ACI Worldwide (ACI), to resolve claims involving a money transmission error that led to the unauthorized withdrawal of $2.3 billion from Nationstar Mortgage (also known as Mr. Cooper) customers.
On October 16, the Federal Reserve Board (Fed) published a notice of an Open Board Meeting to take place on October 25. The only matter under consideration at that meeting will be the Fed’s proposed revisions to the debit interchange fee cap. Predictions are that the Fed is considering lowering that cap.
On September 28, Visa, Inc. announced its new dispute process aimed at combatting first-party or “friendly fraud” for card-not-present transactions. The rule change offers merchants more ways to show a disputed charge is valid and authorized. According to the press release, this change has the potential to save small businesses over a billion dollars over the next five years.
September 12-14, 2023
Keith Barnett, Jason Cover, James Kim, Kim Phan, Jean Smith-Gonnell, James Stevens, Misha Tseytlin, Rich Zack, Ketan Bhirud, Carlin McCrory, and Caleb Rosenberg will be speaking on a variety of topics during the TPPPA 2023 Solving the Payments Puzzle Conference, which will be held September 12 – 14, 2023 in…
In a long-awaited decision in SEC v. Ripple Labs, Inc., U.S. District Judge Analisa Torres of the Southern District of New York held that Ripple Labs, Inc.’s (Ripple) XRP token is not, in and of itself, a security requiring registration. Although the decision is being regarded by many as a victory for both Ripple and the crypto industry, the nuances in the decision may result in an appeal from both sides.