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    Georgia bankruptcy court: FDIC may sue officer of failed bank, notwithstanding his bankruptcy, if defense and recovery limited to D&O insurance
    2012-08-28

    A Georgia bankruptcy court has held that notwithstanding the discharge of an individual in his individual bankruptcy proceeding, the Federal Deposit Insurance Corporation (FDIC) may file suit against the individual as a former officer of a failed bank so long as the applicable D&O policy covers defense costs and the FDIC’s recovery is limited to insurance proceeds.  In re Hayden, 2012 WL 3597422 (Bankr. N.D. Ga. July 6, 2012).

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Bankruptcy discharge, Federal Deposit Insurance Corporation (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Eleventh Circuit upholds a bankruptcy court’s exclusive jurisdiction to enforce its own Chapter 11 discharge injunctions
    2012-06-13

    On May 30, 2012, the United States Court of Appeals for the Eleventh Circuit held that a bankruptcy court in one federal district lacks jurisdiction to determine whether a debt was discharged under a chapter 11 plan confirmation order issued by a bankruptcy court in another federal district.  Alderwoods Group, Inc. v. Garcia, 1:10-cv-20509-KMM, 2012 U.S. App. LEXIS 10891 (11th Cir. May 30, 2012).  The decision makes it clear that a debtor must seek enforcement of its discharge order in the same federal court that granted the discharge in the first place.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Class action, Exclusive jurisdiction, Bankruptcy discharge, United States bankruptcy court, Eleventh Circuit
    Authors:
    Alicia B. Davis , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Fee award rendered against prisoner for maintaining frivolous litigation is not subject to discharge under the Federal Bankruptcy Code
    2012-02-09

    In Searcy v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Frivolous litigation, Attorney's fee, Bankruptcy discharge, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    Impact of a client’s bankruptcy on its tort liability
    2012-01-27

    While bankruptcy law and tort law may not seem related, it is important to know if your client has ever gone through a bankruptcy and, if so, the terms of its plan of reorganization. A recent Eighth Circuit decision confirmed the importance of knowing the ins and outs of a client’s bankruptcy and the terms of the applicable plan.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Liability (financial accounting), Bankruptcy discharge, Eighth Circuit
    Authors:
    Jenny A. Mendelsohn
    Location:
    USA
    Firm:
    Alston & Bird LLP
    IRS issues final Treasury regulations addressing tax treatment of partnership debt for equity exchanges
    2011-11-16

    Background

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Tax, Latham & Watkins LLP, Royalty payment, Tax exemption, Debtor, Safe harbor (law), Interest, Taxable income, Debt, Liquidation, Fair market value, Intangible asset, Bankruptcy discharge, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    David S. Raab
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Mark iIV ruling: district court affirms bankruptcy court’s denial of discharge of environmental obligations
    2011-10-24

    Last month, District Court Judge Shira A. Scheindlin of the Southern District of New York affirmed a bankruptcy court ruling which held that the environmental cleanup obligations of debtor Mark IV Industries, Inc. were not discharged in bankruptcy.2 Given the current legal landscape, Mark IV may make the likelihood of discharging environmental claims even more difficult, potentially undermining chapter 11 as an optimal alternative for companies saddled with environmental liabilities.

    Filed under:
    USA, New York, Environment & Climate Change, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Contamination, Environmental remediation, Pollution, Bankruptcy, Debtor, Injunction, Debt, Liability (financial accounting), Liquidation, Bankruptcy discharge, Second Circuit, United States bankruptcy court
    Authors:
    Larren M. Nashelsky , Todd M. Goren , Kristin A. Hiensch
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Has Stern v. Marshall opened a jurisdictional dispute floodgate?
    2011-10-13

    On June 23, 2011, the Supreme Court of the United States issued the decision of Stern v. Marshall, debatably the most important case on bankruptcy court jurisdiction in the last 30 years. The 5-4 decision, written by Chief Justice Roberts, established limits on the power of bankruptcy courts to enter final judgments on certain state law created causes of action.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Tortious interference, Defamation, Bankruptcy discharge, Promulgation, Obergefell v. Hodges, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Douglas E. Deutsch , Robert J. Gayda , Young Yoo , Eric Daucher
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Culpability required for securities fraud exception to debt discharge in bankruptcy
    2011-09-28

    On September 19th, the Ninth Circuit considered whether the exception to Chapter 7 bankruptcy discharge for debts resulting from a violation of state or federal securities laws applies when the debtor himself is not culpable for the securities violation that caused the debt. The case involved an attorney who was required by court order to return the unearned retainer paid by a company that engaged in securities fraud. The attorney filed a petition for Chapter 7 bankruptcy before he was technically required to return the money.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Security (finance), Debt, Securities fraud, Bankruptcy discharge, Ninth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy asset sale not so “free and clear” after all
    2011-08-10

    The ability to sell an asset in bankruptcy free and clear of liens and any other competing “interest” is a well-recognized tool available to a trustee or chapter 11 debtor in possession (“DIP”). Whether the category of “interests” encompassed by that power extends to potential successor liability claims, however, has been the subject of considerable debate in the courts. A New York bankruptcy court recently addressed this controversial issue in Olson v. Frederico (In re Grumman Olson Indus., Inc.), 445 B.R. 243(Bankr. S.D.N.Y. 2011).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Contractual term, Environmental remediation, Bankruptcy, Debtor, Statutory interpretation, Interest, Liability (financial accounting), Liquidation, Good faith, Debtor in possession, In rem jurisdiction, Bankruptcy discharge, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Lauren M. Buonome
    Location:
    USA
    Firm:
    Jones Day
    Debtor’s loan discharged despite false loan application statements
    2007-02-19

    Lender Had Duty To Investigate Claim to Promissory Note

    In a harsh decision for the lender, the U.S. Court of Appeals for the Tenth Circuit has determined that a debtor’s loan may be discharged in chapter 7 bankruptcy— despite the borrower’s admission that his personal financial statement contained materially false representations about his financial condition.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Commercial bank, Bankruptcy, Surety, Debtor, Debt, Default (finance), Bankruptcy discharge, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Location:
    USA
    Firm:
    Reed Smith LLP

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