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Chapter 13: What can I do as a creditor’s attorney?

The Bankruptcy Protector

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
The Sea Pines Bankruptcy Case

The Bankruptcy Protector

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
Bankruptcy Venue — Between a Rock and a Hard Place

The Bankruptcy Protector

USA, New York, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Coronavirus
Venue Provisions Fail to Provide Relief in Smaller Dollar Preference Cases

The Bankruptcy Protector

Almost two years ago, the Small Business Reorganization Act of 2019 (SBRA) was enacted. While the provisions regarding the new Subchapter V reorganization received the most press (streamlined chapter 11 for businesses with debts of no more than $7,500,000), the SBRA also included other important changes to the Bankruptcy Code. Among these additional changes was an increase in the venue threshold under 28 U.S.C. § 1409(b) to $25,000.00 as follows:

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
Confusion Involving Constitutionality of U.S. Trustee Fee Increase

The Bankruptcy Protector

In 2017, Congress enacted an amendment imposing a sharp increase in quarterly fees owed to the United States Trustee program by many chapter 11 debtors. Expectedly, the constitutionality of that decision has been challenged on several grounds, and there is considerable disagreement among the circuits.

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Supreme Court of the United States
It Is, In Fact, Expensive To Be Erika Jayne

The Bankruptcy Protector

“It’s expensive to be me / Looking this good don’t come for free.” —Erika Jayne, “XXpen$ive”

Real Housewives of Beverly Hills cast member Erika Girardi, more commonly known as Erika Jayne, is the latest example of just how powerful (and expensive) an involuntary bankruptcy proceeding can be.

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Small Business Administration (USA)
Trustee fees - reasonable or not?

Trilogy Management Limited v White Willow (Trustees) Limited and Others, 13 May 2021

Jersey, Insolvency & Restructuring, Litigation, Carey Olsen
The zone of insolvency - a guide for directors in Guernsey

Fallout from the global pandemic continues to throw light on the responsibilities of directors in times of financial distress. This briefing examines those duties in greater detail, particularly in relation to Guernsey’s company law.

Decisions, decisions

Directors owe duties to the companies they serve and ordinarily discharge those duties with reference to the interests of the companies’ members as a whole.

Guernsey, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Carey Olsen
Eastern Caribbean Court of Appeal clarifies the law on common law recognition and assistance in the British Virgin Islands for cross border insolvencies

In its recent decision in Net International Property Limited v Erez, the Eastern Caribbean Court of Appeal considered whether the BVI Courts had jurisdiction at common law to recognize an insolvency office-holder appointed in the courts of Israel, and whether and to what extent the BVI Courts could grant assistance to that office-holder at common law.

British Virgin Islands, Insolvency & Restructuring, Litigation, Carey Olsen
Jersey court once again shows willingness to facilitate cross-border insolvency proceedings in new judgment relating to the Arcadia administration

In the Representation of Matthew David Smith and Ors. [2021] JRC 047 the Royal Court of Jersey has handed down an important decision, exercising its discretion to grant a moratorium in substantially the same terms as provided under the UK Insolvency Act 1986.

Jersey, Insolvency & Restructuring, Litigation, Carey Olsen