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    Spradlin v. Khouri (In re Bruner)
    2017-01-06

    (6th Cir. B.A.P. Jan. 4, 2017)

    The Sixth Circuit B.A.P. affirms the bankruptcy court’s decision and order denying the trustee’s request for turnover of funds paid to the debtor’s criminal defense attorney. The debtor’s mother had made the transfer from a bank account held jointly with the debtor. The trustee failed to meet the burden of proving by a preponderance of the evidence that the attorney fee was property of the estate, and thus turnover was inappropriate. Because the debtor had no claim to the fee, the trustee had no claim for turnover. Opinion below.

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Perkins
    2017-01-02

    (Bankr. W.D. Ky. Dec. 22, 2016)

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Security Seed and Chemical, Inc. v. French (In re French)
    2016-12-05

    (Bankr. W.D. Ky. Dec. 1, 2016)

    Following trial, the bankruptcy court excepts from discharge a debt arising from a loan, but holds the plaintiff failed to meet its burden with respect to other debts. The court also finds that a lien was not created where there was no proof of an actual levy, but a seperate judgment lien is held valid. The court denies the debtor’s motion to avoid the lien. Opinion below.

    Judge: Stout

    Attorneys for Plaintiff: Thomas, Arvin & Adams, James G. Adams, III, David E. Arvin

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re McCoy
    2016-12-05

    (6th Cir. B.A.P. Nov. 29, 2016)

    Filed under:
    USA, Ohio, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Parrish
    2016-11-21

    (Bankr. W.D. Ky. Nov. 16, 2016)

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Ramey
    2016-10-03

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

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Brooks v. Key Bank (In re Brooks
    2017-09-25

    (Bankr. S.D. Ind. Sep. 14, 2017)

    The bankruptcy court grants the university’s motion for summary judgment, determining that the student loan debt is nondischargeable. The debtor filed the adversary proceeding alleging repayment would present an undue hardship. The debtor did not respond to the university’s motion and failed to present any evidence to satisfy the Brunner test. Opinion below.

    Judge: Carr

    Attorney for Debtor: Eric C. Redman, Redman Ludwig PC

    Attorney for University: Constantine Alexander Hortis, Maryland Attorney General

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Mustafa
    2016-09-27

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

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Restructuring in Turkey: A new paradigm?
    2019-04-11

    As more Turkish companies begin to report liquidity issues and economic pressures begin to bite, successful financial restructurings are likely to become increasingly critical to the prosperity of the Turkish economy

    Only time will tell whether local processes will provide a suitable toolkit for large-scale corporate restructurings, or whether other international restructurings processes may also have a role to play.

    Filed under:
    European Union, Turkey, USA, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White & Case LLP
    Authors:
    Ian Wallace
    Location:
    European Union, Turkey, USA
    Firm:
    White & Case LLP
    Evolution and alternatives in the market
    2016-02-11

    While fears of another downturn loom, the European financial markets have innovated, evolved and grown.

    Following the collapse of Lehman Brothers and the period that followed, the markets have more understanding of the credit risk spectrum. This includes jurisdictional risk, available restructuring options and the complexity involved in any enforcement process.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, White & Case LLP, Bankruptcy of Lehman Brothers
    Location:
    USA
    Firm:
    White & Case LLP

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