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
    Seventh Circuit: Section 546(e) Safe Harbor Does Not Shield From Avoidance Transfers Made Through Financial Institution Conduits
    2016-08-02

    In FTI Consulting, Inc. v. Merit Management Group, LP,1 the Seventh Circuit recently held that transfers are not protected under the safe harbor of section 546(e) of the U.S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, Safe harbor (law), Seventh Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B
    2016-08-02

    In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Circ. 2014).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Federal preemption, Bankruptcy, Debtor, Statute of limitations, Federal Reporter, Debt, Collection agency, Unconscionability, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Losing Both Ways: Debtor Diligence in the Identification of Claims
    2016-08-03

    Two recent cases serve as reminders the devil is truly in the details.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Fiduciary, Liability (financial accounting), Liquidation, Subject-matter jurisdiction, General Motors, Second Circuit, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    James Maloney
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Missouri Commercial Receivership Act Creates a New Statutory Scheme Which Presents a More Robust Remedy
    2016-08-03

    The Missouri Commercial Receivership Act (MCRA), passed by the Missouri legislature and just signed into law by Governor Nixon, becomes effective Aug. 28, 2016. It expands, clarifies and fleshes out the existing minimal receivership statute. The MCRA (Sections 515.500 through 515.665 of MO Senate Bill No. 578) outlines a new standardized system for receivership administration under the auspices of the Missouri courts.

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Stinson LLP, Bankruptcy, Debtor, Interest, Debt, Personal property, Pro rata
    Authors:
    John G. Young, Jr.
    Location:
    USA
    Firm:
    Stinson LLP
    Yes. It is possible to avoid tax penalty claims in bankruptcy
    2016-08-05

    On August 2, 2016, Judge Brendan L. Shannon of the Delaware Bankruptcy Court issued an opinion (the “Opinion”) in the Refco Public Commodity Pool, L.P. bankruptcy, Case No. 14-11216. A copy of the Opinion is available here. The Opinion holds that this Debtor’s failure to file its taxes was due to reasonable cause, and the associated tax penalties are, therefor, claims that can be excused and disallowed.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Fox Rothschild LLP, Bankruptcy
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    You Get a Car! You Get a Car! Bankruptcy Court Gives Debtor a Car. Unsecured Creditors Get Nothing
    2016-08-05

    So, a ruling came out in June that we in The Bankruptcy Cave have been dying to blog about (and not just so we can use the blog title above). Forgive the delay – heavy workloads and summer vacations often preclude timely blog posts. But this one is a doozy, better late than never on this blog post.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Unsecured debt, United States bankruptcy court
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Get to the Back of the Line! Delaware Bankruptcy Court Holds C-Suite Stock Compensation was Equity Security Not General Unsecured Claim
    2016-08-01

    Recently, in GSE Environmental, Inc. v. Sorrentino (In re GSE Environmental, Inc.), on a motion for judgment on the pleadings, the Bankruptcy Court for the District of Delaware held that the Chief Executive Officer’s claim for unpaid compensation payable in stock constituted an equity security rather than a general unsecured claim.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Recent Developments in Bankruptcy Law, July 2016
    2016-07-28

    Recent Developments in Bankruptcy Law, July 2016 (Covering cases reported through 550 B.R. 151 and 822 F.3d 451) RICHARD LEVIN Partner +1 (212) 891-1601 [email protected] © Copyright 2016 Jenner & Block LLP. 353 North Clark Street Chicago, IL 60654-3456. Jenner & Block is an Illinois Limited Liability Partnership including professional corporations. Attorney Advertising. Prior results do not guarantee a similar outcome.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Bankruptcy, Shareholder, Limited liability partnership
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Zeiden v. Griswold (In re Wierzbicki)
    2016-07-29

    (7th Cir. July 27, 2016)

    The Seventh Circuit affirms the bankruptcy court’s order finding that the debtor’s prepetition transfer of a farm to the defendant was a fraudulent transfer subject to avoidance. The debtor transferred the farm in exchange for the defendant’s agreement to abandon litigation he had brought against the debtor. The bankruptcy court found that the debtor did not receive reasonably equivalent value in exchange for the farm. Opinion below.

    Per Curiam

    Defendant: Pro Se

    Attorney for Trustee: Brenda L. Zeddun

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Stoll Keenon Ogden PLLC, Bankruptcy, Debtor, Trustee, United States bankruptcy court, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Bankruptcy Rules, not FRCP, Set Post-Trial Deadlines for All Chapter 11 Claims
    2016-07-31

    In Rosenberg v. DVI Receivables XIV, LLC, 818 F.3d 1283 (11th Cir. 2016) (No. 14-14620), plaintiff filed an adversary complaint against defendants under the section of the Bankruptcy Code, 11 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Matthew J. Thomas
    Location:
    USA
    Firm:
    Jenner & Block LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 222
    • Page 223
    • Page 224
    • Page 225
    • Current page 226
    • Page 227
    • Page 228
    • Page 229
    • Page 230
    • …
    • 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