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Hanna Lahr Named in Birmingham Business Journal’s 2021 Top 40 Under 40

Burr Forman

Hanna is a partner in the firm’s CreditorsRights & Bankruptcy group. Her practice focuses on representing creditors and debtors, both in and out of court, on a variety of issues. For more than a century, Burr & Forman LLP’s experienced legal team has served clients at the intersection of business and government.

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Delaware Bankruptcy Court Holds LLC Operating Agreement Provisions Placing Sole Power in the Company’s Lender to Prevent a Bankruptcy Filing are Void as Against Public Policy

The Creditors Rights

In an important decision for debtors and creditors alike, the United States Bankruptcy Court for the District of Delaware has ruled that provisions in a limited liability company operating agreement, granting the company’s lender absolute power to prevent the company from filing a bankruptcy petition are unenforceable as against public policy.

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Burr & Forman Names Eight New Partners Across Five Offices

Burr Forman

He represents various financial institutions, creditors, landlords, and other parties in all aspects of loan modifications and restructuring, commercial foreclosures, enforcement of security interests and domestic and foreign judgments, Chapter 7 and 11 bankruptcies, and creditorsrights litigation. About Burr & Forman LLP.

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Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise

The Creditors Rights

BAP 2016), the Ninth Circuit BAP concluded that the fair and equitable standards for confirmation deal with treatment of an allowed claim post-confirmation, but that allowance of an oversecured claim is governed by § 506(b). The BAP held the bankruptcy court erred In using § 1129(b) to deny Wells Fargo default interest on its claim.

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Why Every Lawyer And Client Should Be Fighting To Stop The "Meaningful Attorney Involvement" Doctrine From Spreading

FDCPA Defense

Although this scenario may sound far-fetched, it is an everyday occurrence for creditorsrights attorneys, who have been targeted by “meaningful attorney involvement” lawsuits for years. If this can happen to creditorsrights attorneys and their clients, might you and your clients be next? 1692, et seq. the “FDCPA”).

Lawyers 40
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Lenders Beware: Make Sure Your Borrower’s Organizational Documents’ Blocking Director Provisions Comply With State Law

The Creditors Rights

In Lake Michigan Beach , the debtor was organized under the laws of the state of Michigan. The bankruptcy court denied the motion, finding the provisions in the amended Operating Agreement did not comply with applicable Michigan corporate governance law. 899 (Bankr.

Lender 40
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Defensive Setoff Right is Preserved Without Proof of Claim After Chapter 11 Plan Confirmation

ABI

[Title 11] does not affect any right of a creditor to offset a mutual debt owing by such creditor to the debtor that arose [pre-petition]. 1822(d) to be the statutory authorization for FDIC to establish pre-existing setoff rights by withholding payments from depositors to pay off their liabilities. [17]