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
    Tenth Circuit BAP limits insider claims
    2015-12-01

    Insider creditors “waived [the] right to charge default interest on” their claims and “failed to prove” their claim for non-default interest, held the U.S. Bankruptcy Appellate Panel for the Tenth Circuit (“BAP”) on Nov. 6, 2015. In re Autterson, 2015 WL 6789168, at *4 (10th Cir. BAP, Nov. 6, 2015).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Interest, Default (finance), United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Court jester: Tenth Circuit BAP not amused by Jester’s attempt to reopen case
    2015-11-09

    For those readers who have a sophisticated understanding of bankruptcy law, the holdings of Jester v. Wells Fargo Bank, N.A. (In re Jester) will not be surprising.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Foreclosure, Bankruptcy Appellate Panel, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Seizing assets hidden in a sham trust
    2015-07-31

    The Bankruptcy Appellate Panel for the 9th Circuit in Chantel v. Pierce, 2015 Bankr. Lexis 2174, recently explained what can constitute a sham trust to enable creditors to reach assets transferred to that trust. A California trust had been created with the Chantels as co-trustees. After a judgment had been entered against them, they filed a Chapter 13 bankruptcy, which was converted to a Chapter 7. In their schedules, the Chantels claimed they owned no real property and had not made any transfers to their self-settled trust within the previous 10 years.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Horwood Marcus & Berk, Bankruptcy Appellate Panel
    Authors:
    Eric (Rick) S. Rein
    Location:
    USA
    Firm:
    Horwood Marcus & Berk
    Eighth Circuit BAP rejects Crawford
    2015-07-30

    The United States Bankruptcy Appellate Panel for the Eighth Circuit recently held that filing a proof of claim on a time-barred debt is not, alone, a prohibited debt collection practice under the federal Fair Debt Collection Practices Act.

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Debt, Debt collection, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Divided Tenth Circuit reverses recharacterization and equitable subordination of insider secured loan
    2015-07-09

    The claim of an insider lender (“L”) who invested “in a venture with substantial risk” and who loaned it additional funds on a secured basis to salvage its business should not be recharacterized as equity or subordinated on equitable grounds, held the U.S. Court of Appeals for the Tenth Circuit on June 12, 2015. In re Alternate Fuels, Inc., 2015 WL 3635366 (10th Cir. June 12, 2015) (2-1) (“AFI”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Secured loan, Bankruptcy Appellate Panel, Tenth Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    What’s next: denial of plan confirmation and the Supreme Court’s decision in Bullard v. Blue Hills Bank
    2015-06-10

    The Supreme Court of the United States unanimously held in Bullard v. Blue Hills Bank, Case No. 14-115, that a bankruptcy court’s order denying confirmation of a debtor’s proposed plan is not a “final” order that can be immediately appealed. The Supreme Court’s decision implicates practical considerations within the bankruptcy process and the appropriate balance between the bargaining power of debtors and creditors.

    Case Summary

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, ArentFox Schiff, Supreme Court of the United States, Bankruptcy Appellate Panel
    Authors:
    George P. Angelich , Jordana L. Renert
    Location:
    USA
    Firm:
    ArentFox Schiff
    The US Supreme Court’s decision in Bullard v. Blue Hills Bank
    2015-06-08

    On May 4, 2015, the United States Supreme Court unanimously held in Bullard v. Blue Hills Bank, Case No. 14-115, that a bankruptcy court’s order denying confirmation of a debtor’s proposed plan is not a “final” order that can be immediately appealed. The Supreme Court’s decision implicates practical considerations within the bankruptcy process and the appropriate balance between the bargaining power of debtors and creditors

    Case Summary

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, ArentFox Schiff, Debtor, Supreme Court of the United States, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    George P. Angelich , Jordana L. Renert
    Location:
    USA
    Firm:
    ArentFox Schiff
    Ninth Circuit confirms existence of ride through doctrine in Chapter 11 cases
    2007-08-21

    In Diamond Z Trailer, Inc. v. JZ, LLC (In re JZ, LLC), No. 07-1011 (9th Cir. B.A.P., June 18, 2007), the Ninth Circuit Bankruptcy Appellate Panel affirmed a Bankruptcy Court decision holding that an unscheduled executory contract rides through the bankruptcy if not assumed or rejected during the bankruptcy. Further, a debtor has standing to sue for a breach of that executory contract when the breach occurred after the closure of the bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Breach of contract, Federal Reporter, Discovery, Standing (law), Estoppel, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Assignee creditors are protected by Code’s fraud provisions
    2007-07-31

    Assignee creditors are protected by the provision of the Bankruptcy Code that prevents debtors from obtaining a discharge for debts obtained through fraud, the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit has held.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Reed Smith LLP, Debtor, Fraud, Debt, Default (finance), Joint and several liability, Bankruptcy discharge, Title 11 of the US Code, Ninth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Reed Smith LLP
    Liquor license constitutes ‘property of the estate', right of use foreclosed by lease rejection
    2007-07-31

    The U.S. Court of Appeals for the First Circuit has held that a debtor’s interest in its liquor license constitutes property of the estate pursuant to section 541 of the Bankruptcy Code.

    The First Circuit further held that the debtor’s rejection of its lease ended the debtor’s contractual right to continued use of its liquor license, and left the landlord with ordinary remedies for breach of contract—such as specific performance to obtain recovery of the license. See In re Ground Round, Inc. (Abboud v. Ground Round), 482 F.3d 15 (1st Cir. 2007).

    Filed under:
    USA, Insolvency & Restructuring, Leisure & Tourism, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Breach of contract, Interest, Federal Reporter, Consideration, Foreclosure, Debtor in possession, United States bankruptcy court, Bankruptcy Appellate Panel, First Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 10
    • Page 11
    • Page 12
    • Page 13
    • Current page 14
    • Page 15
    • Page 16
    • Page 17
    • Page 18
    • …
    • 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