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In re Ferguson

(7th Cir. Aug. 23, 2016)

USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
Sunshine Heifers, LLC v. Purdy

(W.D. Ky. Aug. 15, 2016)

USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Bankruptcy, United States bankruptcy court, Sixth Circuit
BCL-Sheffield, LLC v. Gemini Int’l, Inc. (In re Tolomeo)

The Seventh Circuit dismisses the appeal, holding that the bankruptcy court’s final order implementing the district court’s order directing turnover of assets to the bankruptcy estate was valid, because it resolved a core proceeding. The appellants contended that it was a non-core proceeding and thus required a district court order to be final. Opinion below.

Judge: Posner

Attorney for Appellants: Jordan Law P.C., Terrence M Jordan

USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Bankruptcy, Seventh Circuit
In re Jackson

(6th Cir. B.A.P. Aug. 4, 2016)

USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
In re Beath

(Bankr. S.D. Ind. July 29, 2016)

The bankruptcy court denies the debtor’s motion to transfer venue of his chapter 7 bankruptcy case from the Terra Haute Division to the Evansville Division. The debtor failed to satisfy the standard set forth in 28 U.S.C. § 1412 for venue transfer. The debtor’s travel time to each court location was virtually the same, and thus Evansville was no more convenient than Terra Haute. Further, there was no showing that the interests of justice would be better served by the transfer. Opinion below.

Judge: Graham

USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, United States bankruptcy court
Akeley v. Hudson (In re Hudson)

(Bankr. W.D. Ky. Aug. 2, 2016)

USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Misrepresentation, US Code, United States bankruptcy court
FTI Consulting, Inc. v. Merit Management Group, LP

(7th Cir. July 28, 2016)

USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Safe harbor (law), Limited liability partnership, US Code, Trustee, Seventh Circuit
Zeiden v. Griswold (In re Wierzbicki)

(7th Cir. July 27, 2016)

The Seventh Circuit affirms the bankruptcy court’s order finding that the debtor’s prepetition transfer of a farm to the defendant was a fraudulent transfer subject to avoidance. The debtor transferred the farm in exchange for the defendant’s agreement to abandon litigation he had brought against the debtor. The bankruptcy court found that the debtor did not receive reasonably equivalent value in exchange for the farm. Opinion below.

Per Curiam

Defendant: Pro Se

Attorney for Trustee: Brenda L. Zeddun

USA, Insolvency & Restructuring, Litigation, White Collar Crime, Stoll Keenon Ogden PLLC, Bankruptcy, Debtor, Trustee, United States bankruptcy court, Seventh Circuit
Guarantees on debtor’s assets under a restructuring plan are subject to claw-back, the Court of Cassation rules

The Italian Supreme Court (5 July 2016, No. 13719) issues a maiden decision on the conditions for theprotection afforded by restructuring plan to stand if the plan fails and bankruptcy is declared

The case

Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Italian Supreme Court of Cassation
The declaration of bankruptcy of a company can be extended to a de facto partnership including another company ?

The Court of Cassation (13 June 2016, No. 12120) confirmed that a limited liability company can bedeclared bankrupt, if it is found that the company is a partner of an insolvent de facto partnership

The case

Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy