A group of investors representing over $13 trillion in assets and led by Ceres’s Investor Network on Climate Risk recently submitted recommendations to various global stock exchanges for a uniform mandatory stock exchange standard on corporate environmental, social and governance (ESG) reporting. These recommendations follow Ceres’s April 2013 consultation paper on this topic.

(posted 1 week 57 min ago)

The ChamberWise Education Consortium and Financial Poise are pleased to
announce the on-demand release of their jointly-produced webinar, “Roadmap to Selling a
Company”.
Available today, this webinar is designed to help business owners and executives understand how to prepare for and negotiate a sale transaction.
“Consider who the ultimate buyer would most likely be,” says attorney Jeffrey Kaiser. “That should guide your next steps when preparing for a sale. Identify key issues in advance and have some alternatives in place in the event of the unexpected.”
“Think outside the box when considering buyers,” investment advisor Robert Khedouri. “Don’t limit your business to looking at buyers who do exactly what your business does. Plenty of strategic buyers may be interested in your sale for any number of reasons.”
Now available on demand, “Roadmap to Selling a Company” also addresses subjects like how to find and assess buyers and typical contractual provisions.
James W. Hays, of Gonzalez Saggio & Harlan LLP, is the moderator for this webinar. His panel consists of: Jeffrey Kaiser, counsel to Elliot Greenleaf; independent investment advisor, Robert Khedouri; and Todd Zoha, Alix Partners. CLE credit is available for attorneys.

(posted 1 week 1 hour ago)

The bankruptcy code provides that the bankruptcy estate includes, with certain exceptions, all legal or equitable interests of the debtor as of the date of the filing of the bankruptcy case. 11 U.S.C. § 541 (a). Section 541 (d), though provides that property in which the debtor only holds "legal title and not an equitable interest"  becomes part of the estate only to the "extent of the debtor's legal title to such property, but not to the extent of any equitable interest in such property that the debtor does not hold." The district court stated that the "plain language of section 541 (d) provides that if a debtor holds only legal title to property and not an equitable interest, then the equitable interest in such property is excluded from the estate."

(posted 1 week 17 hours ago)

The bankruptcy code provides that the bankruptcy estate includes, with certain exceptions, all legal or equitable interests of the debtor as of the date of the filing of the bankruptcy case. 11 U.S.C. § 541 (a). Section 541 (d), though provides that property in which the debtor only holds "legal title and not an equitable interest"  becomes part of the estate only to the "extent of the debtor's legal title to such property, but not to the extent of any equitable interest in such property that the debtor does not hold." The district court stated that the "plain language of section 541 (d) provides that if a debtor holds only legal title to property and not an equitable interest, then the equitable interest in such property is excluded from the estate."

Miami Bankruptcy Law Blog
(posted 1 week 17 hours ago)


Chapter 7 Bankruptcy, Tax Filing Deadline, & Bankruptcy Exemptions!Written by Ken Jorgensen
The goal of Chapter 7 Bankruptcy is to provide a fresh start after suffering from financial turmoil. Most understand that filing bankruptcy is not going to cause the debtors to lose everything own, including the shirt off their backs.  The best way to understand a "fresh start" is that debtors are allowed to keep just enough to begin a successful path to financial freedom.  Thus, much of a debtor's assets are exempt from being liquidated.  Here is how exemptions work: How Much Money Can I Keep?

Fresno Bankruptcy Law Blog
(posted 1 week 22 hours ago)


I know, the phrase "conscious uncoupling" is extremely trite by now, but even The Economist joined in on the joke, so I thought, "why not"? Plus, it's actually relevant to this post, I promise.

Brookstone, a specialty retailer of luxury gadgets like massage chairs, has filed for bankruptcy with a deal to sell its assets to Spenser Spirit. The retailer has been cutting costs for a while, however, and it appears that many of the personnel cuts have happened prior to the announcement.

(posted 1 week 22 hours ago)

In the AFA Investment Inc. preference litigation, a summons has been issued scheduling the Pretrial Conference for June 30, 2014 at 11:30 a.m.  The hearing will be held before Judge Walrath in courtroom no. 4 on the 5th floor at the Bankruptcy Courthouse for the District of Delaware.  To view one of the summons issued in these preference cases, click here.
In pretrial conferences held before the United States Bankruptcy Court for the District of Delaware, the Court will enter a scheduling order governing the pending preferences actions.  This order will generally include deadlines to issue discovery, take depositions, file dispositive motions, along with the scheduling of trial and other relevant dates.  A template scheduling order that has been approved by the Court can be found on the Court’s website, or by clicking here.
It is important that preference defendants review a proposed scheduling order with counsel in order to determine whether the plaintiff’s proposed order comports with the standard terms of such orders approved by the Court in the District of Delaware.

(posted 1 week 23 hours ago)

The recent case of Javier Milian vs. Wells Fargo & Company, et al,, Case 13-CV-22201-KMM (February 18, 2014) illustrates the importance of a person completing his bankruptcy schedules fully and accurately - including as to unfixed and contingent claim. In this case, the doctrine of "judicial estoppel" was applied to bar the debtor from pursuing a claim against his mortgage lender as he failed to list the claim in his bankruptcy schedules.  In this case, the Bankruptcy Court's decision to abstain and also apply the doctrine of judicial estoppel was upheld.

Debtor's Question of Ownership of the Mortgage Note 

The debtor/homeowner asserted a defense to Wells Fargo's mortgage foreclosure complaint that it lacked standing as it was not the "holder" of the mortgage note. The day before the foreclosure sale, the debtor pro se filed for chapter 7 bankruptcy and stayed the foreclosure sale.  As part of the bankruptcy case, the debtor filed an adversary proceeding and questioned the ownership of the mortgage note by Well Fargo.

Miami Bankruptcy Law Blog
(posted 1 week 1 day ago)

The recent case of Javier Milian vs. Wells Fargo & Company, et al,, Case 13-CV-22201-KMM (February 18, 2014) illustrates the importance of a person completing his bankruptcy schedules fully and accurately - including as to unfixed and contingent claim. In this case, the doctrine of "judicial estoppel" was applied to bar the debtor from pursuing a claim against his mortgage lender as he failed to list the claim in his bankruptcy schedules.  In this case, the Bankruptcy Court's decision to abstain and also apply the doctrine of judicial estoppel was upheld.

Debtor's Question of Ownership of the Mortgage Note 

The debtor/homeowner asserted a defense to Wells Fargo's mortgage foreclosure complaint that it lacked standing as it was not the "holder" of the mortgage note. The day before the foreclosure sale, the debtor pro se filed for chapter 7 bankruptcy and stayed the foreclosure sale.  As part of the bankruptcy case, the debtor filed an adversary proceeding and questioned the ownership of the mortgage note by Well Fargo.

(posted 1 week 1 day ago)

The discharge in bankruptcy of divorce attorney fees is often in question.  Ex-spouses often consider the discharge in bankruptcy of the attorneys' fees of their ex-spouse that they were required to pay by the divorce judgment.

Miami Bankruptcy Law Blog
(posted 1 week 1 day ago)