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A Creditor’s Perspective: The Bankruptcy Trustee

The Bankruptcy Protector

Friend or Foe?

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
Recent Sixth Circuit BAP Case Shows Risks To Lawyers Arising From Violations Of Discharge Injunction

The Bankruptcy Protector

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Injunction, Sixth Circuit
Insurer Liability Remanded for Further Factual Findings as to Statutory Relationship Requirement

U.S. Court of Appeals for the Third Circuit, September 15, 2021

USA, Insolvency & Restructuring, Insurance, Litigation, Goldberg Segalla LLP, Bankruptcy
Chapter 13: What can I do as a creditor’s attorney?

The Bankruptcy Protector

USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
Bankruptcy Judge Declines to Prevent Hypothetical Talc Liability Restructuring

Johnson & Johnson currently has approximately 25,000 lawsuits pending against it related to its talc products, including talcum powder and baby powder

USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
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
Proof of Claim Bankruptcy Documents Ruled Discoverable with Redaction of Settlement Amounts and Sensitive Medical Information

Supreme Court of the State of New York, County of Monroe, July 15, 2021

USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla 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