Ferdinand Hengst and Agnieszka Gronwald, De Brauw Blackstone Westbroek
This is an extract from the 2022 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.
In summary
In a case of first impression, the Eleventh Circuit held that Roth IRAs are excluded from Georgia debtors’ bankruptcy estates under the Bankruptcy Code and Georgia’s garnishment statute. In Hoffman v. Signature Bank of Georgia (In re Hoffman), 2022 U.S. App. LEXIS 2119 (11th Cir. Jan. 24, 2022), the court reversed the district court’s affirmance of the bankruptcy court’s order concluding that the debtor’s Roth IRAs were not excluded from his bankruptcy estate.
In Jackson v. Le Centre on Fourth, LLC (In re Le Centre on Fourth, LLC), 2021 U.S. App. LEXIS 33845 (11th Cir. Nov. 15, 2021), the Eleventh Circuit rejected creditors’ due process challenge to the release afforded to the debtor’s affiliates in a confirmed Chapter 11 plan.
Florida law provides that a UCC-1 financing statement is “seriously misleading” if it does not include the debtor’s correct name, unless “a search of the records of the filing office under the debtor’s correct name, using the filing office’s standard search logic, if any, would disclose” the financing statement notwithstanding the misnomer. But how much of a search is required?
Mark Goodman, Paul Kennedy, Guy Cowan and Katie Logan, Campbells
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Juan Carlos Machorro, Carlos Olvera and Ricardo Orea, Santamarina y Steta
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Elizabeth McColm, Brian Bolin and Grace Hotz, Paul Weiss Rifkind Wharton & Garrison
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Peter Ferrer, Harneys
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Fabio Guzmán-Saladín and Pamela Benzán Arbaje, Guzmán Ariza
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary
Ken Baird, Mark Liscio, Michael Broeders, Marvin Knapp, Samantha Braunstein and Katharina Crinson, Freshfields Bruckhaus Deringer
This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.
In summary