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Grant v. Granader (In re Granader)

(6th Cir. Oct. 12, 2016)

The Sixth Circuit affirms the bankruptcy court’s order denying the creditor’s motion to reopen the case. The debtor’s ex-spouse filed the motion four years after the debtor received his discharge. The ex-spouse argued that an obligation arising out of their divorce proceedings should be declared non-dischargeable. The court holds the bankruptcy court did not abuse its discretion in denying the motion. Opinion below.

Per Curiam

Attorney for creditor: Aaron J. Scheinfield

USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court, Sixth Circuit
Hard cases make good law: business rescue 1 - 0 liquidation

Sometimes different bits of legislation are, on the face of it, in conflict with each other. This is specially so when new law is introduced. The impact of new law on old law sets up contradictions, which the courts have to sort out. An interesting recent example arose in the context of business rescue.

The issue in this case was whether a payment of R389 593.49 by Ditona – a company being wound-up – to another company Eravin, was recoverable by Ditona’s liquidators as a void disposition or unrecoverable because, it was a pre-business rescue debt, which may not be enforced.

South Africa, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr
Cardwell v. Hester (In re Hester)

(Bankr. W.D. Ky. Oct. 11, 2016)

USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
Ochadleus v. City of Detroit, Michigan (In re City of Detroit, Michigan)

(6th Cir. Oct. 3, 2016)

The Sixth Circuit affirms the district court’s dismissal of the pensioners’ challenge to the confirmation order entered in the Chapter 9 bankruptcy case filed by the City of Detroit, Michigan. The pensioners filed the action to challenge the plan’s reduction of their benefits. The Court holds that the doctrine of equitable mootness applies. The pensioners did not obtain a stay, the plan has been substantially consummated, and many actions have been undertaken or completed under the plan. Opinion below.

Judge: Batchelder

USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
In re Smith

(Bankr. S.D. Ind. Oct. 6, 2016)

USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
Gower v. Parker (In re Parker)

(Bankr. W.D. Ky. Oct. 3, 2016)

USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
Is commercial and/or factual insolvency an absolute bar to business rescue or is there still hope?

On 21 September 2016, the Western Cape High Court (Court) handed down judgement in the case of Tyre Corporation Cape Town (Pty) Ltd and Others v GT Logistics (Pty) Ltd and Others (Rogers J) [2016] ZAWCHC 124 in terms of which the Court considered, among other questions, the following:

South Africa, Insolvency & Restructuring, Litigation, Cliffe Dekker Hofmeyr
In re Ramey

(6th Cir. B.A.P. Sep. 30, 2016)

USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
In re Trentadue

(7th Cir. Sept. 14, 2016)

USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Seventh Circuit
In re Mustafa

(Bankr. E.D. Ky. September 14, 2016)

USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC