Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Arizona Supreme Court Confirms Judgment Liens Apply to Homestead Properties in Excess of Exemption
    2022-10-31

    In response to a certified question from a bankruptcy court, the Arizona Supreme Court held that a recorded judgment lien attaches to homestead property where the judgment debtor has equity in excess of the $150,000 exemption under Arizona law.

    In addition, given the uncertainty of the law that prompted the certified question, the Court denied the bank’s request for attorney’s fees.

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Arizona Supreme Court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Bankruptcy debtor prevails over SBA in district of Arizona PPP loan dispute
    2021-09-28

    The Paycheck Protection Program (“PPP”) was a forgivable loan program administered by the US Small Business Administration (“SBA”) that was created as part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in March 2020. The PPP ended on May 31, 2021. Since the passage of the CARES Act, litigation has ensued over whether companies in bankruptcy are eligible to receive PPP loans.

    Filed under:
    USA, Arizona, Company & Commercial, Insolvency & Restructuring, Litigation, Snell & Wilmer LLP, Coronavirus, Paycheck Protection Program, Small Business Administration (USA), CARES Act 2020 (USA), Ninth Circuit
    Authors:
    Andrea M. Hicks , Molly J. Kjartanson , Tanya N. Lewis
    Location:
    USA
    Firm:
    Snell & Wilmer LLP
    Guidance for Arizona Banks on the Small Business Reorganization Act of 2019
    2020-07-21

    As a result of the coronavirus pandemic, Arizona banks and their borrowers are facing economic uncertainty. Bankruptcy filings are on the rise, and many eligible borrowers are opting to file under the Small Business Reorganization Act of 2019 (SBRA), a new fast-track bankruptcy option that alters lenders’ and other creditors’ rights in certain Chapter 11 bankruptcy cases.

    The SBRA is quickly becoming an important tool for debtors in bankruptcy as the effects of COVID-19 are felt across the country.

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Spencer Fane LLP, Donald Trump, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Jacob Sparks , Richard H. (Rick) Herold , Eric M. Van Horn
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Ninth CIRC. Bankruptcy appellate panel tackles property and creditor's reach in 'juarez'
    2020-06-26

    InIn re Juarez, 603 B.R. 610 (9th Cir. BAP 2019), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit addressed a question of first impression in the circuit with respect to property that is exempt from creditor reach: it adopted the view that, under the "new value exception" to the "absolute priority rule," an individual Chapter 11 debtor intending to retain such property need not make a "new value" contribution covering the value of the exemption.

    Background

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Litigation, Duane Morris LLP, Breach of contract, Fraud, Constructive trust, Ninth Circuit, United States bankruptcy court, U.S. Court of Appeals
    Authors:
    Rudolph J. Di Massa, Jr. , Malcolm Bates
    Location:
    USA
    Firm:
    Duane Morris LLP
    In Re Transwest Resort Properties, Inc.: Arizona District Court Interpretation of “Impaired Accepting Class” for Plan Confirmation Purposes Threatens Senior Mortgage Lender Protections in Common Real Estate Financing Structures
    2016-09-13

    The enactment of the Tax Reform Act of 1986, which ended the many tax shelter advantages previously available to real estate investors, coupled with the savings and loan crises, effectively collapsed the real estate boom of the early-to-mid 1980’s. From 1988 to 1993, countless numbers of real estate loans went into default and many real estate borrowers sought to involuntarily restructure their loans through the “cram-down” provisions of Chapter 11 under title 11 of the United States Code (the “Bankruptcy Code”). 

    Filed under:
    USA, Arizona, Banking, Insolvency & Restructuring, Litigation, Real Estate, Tax, Haynes and Boone LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    FDIC approves the payout of the insured deposits of First Arizona Savings, A FSB
    2010-10-25

    On Friday, the Office of Thrift Supervision closed First Arizona Savings, A FSB, headquartered in Scottsdale, Arizona, and appointed the FDIC as receiver.

    Filed under:
    USA, Arizona, Banking, Insolvency & Restructuring, Alston & Bird LLP, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision, Federal Security Service
    Authors:
    Sarah Whitlock
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Court provides senior creditors with an additional mechanism for obtaining the right to vote a junior creditor's claim in a bank
    2011-04-25

    A senior creditor can obtain significant leverage over a chapter 11 debtor if it is able to vote not only its claim but the claims of junior creditors in connection with the solicitation of a plan of reorganization. Obtaining such leverage, however, has proven problematic in the past. Among other things, courts have been reluctant to enforce pre-bankruptcy assignments or waivers of voting rights contained in intercreditor agreements, holding that such assignments or waivers may violate the Bankruptcy Code and rules. In Avondale Gateway Center Entitlement, LLC v.

    Filed under:
    USA, Arizona, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case, Surety, Debtor, Waiver, Limited liability company, Debt, Leverage (finance), United States bankruptcy court
    Authors:
    Roberto J. Kampfner
    Location:
    USA
    Firm:
    White & Case
    The limits to a receiver's liability – Mashni v. Foster, No. 1 CA-SA 13-0250 (4-29-2014)
    2014-05-06

    On April 29, 2014, the Arizona Court of Appeals, Division 1, issued a ruling granting relief in favor of a receiver, and thereby strengthening a receiver's security by limiting his responsibilities and liabilities as follows:

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Litigation, Ryley Carlock & Applewhite
    Authors:
    Andrea "Andy" Landeen
    Location:
    USA
    Firm:
    Ryley Carlock & Applewhite
    A.R.S. § 33-814(a) and bankruptcy proofs of claim: to file or not to file…conflicting cases leave creditors with no clear answer
    2013-05-20

    Under Arizona law, does a secured creditor need to file a deficiency action within 90 days after a trustee’s sale to preserve the unsecured portion of its claim in a bankruptcy case? Or is filing (or amending) a proof of claim sufficient? Two recent cases out of Arizona provide conflicting answers.

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Litigation, Snell & Wilmer LLP, Bankruptcy, Unsecured debt, Injunction, Secured creditor
    Authors:
    Benjamin W. Reeves
    Location:
    USA
    Firm:
    Snell & Wilmer LLP
    Are tribal corps. eligible for bankruptcy protection?
    2013-03-13

    On March 4, 2013, ‘SA’ NYU WA Inc., a tribally chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy petition in the United States Bankruptcy Court for the of District of Arizona.

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP

    Pagination

    • Current page 1
    • Page 2
    • Page 3
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days