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    Medicare jurisdictional bar limits bankruptcy court authority in health care bankruptcy
    2015-07-20

    Introduction

    Filed under:
    USA, Florida, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Epstein Becker Green, Medicare, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Wendy G. Marcari
    Location:
    USA
    Firm:
    Epstein Becker Green
    Recent Middle District of Florida case highlights the Medicare jurisdictional bar and the implications of such bar to healthcare bankruptcy cases
    2015-07-13

    On June 26, 2015, the District Court for the Middle District of Florida issued an opinion on consolidated appeals arising from the Bayou Shores SNF, LLC bankruptcy case with potentially broad implications for healthcare bankruptcy cases.  At the heart of the dispute before the District Court was whether the Bankruptcy Court had jurisdiction to enjoin the termination of, and subsequently authorize the assumption of, certain Medicare and Medicaid provider agreements in the bankruptcy case.  As discussed below, the District Court held the Medicare jurisdictional bar set fort

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Arnold & Porter, Medicare, Bankruptcy, Injunction, US District Court for Middle District of Florida
    Authors:
    Rosa J. Evergreen , Michael L. Bernstein
    Location:
    USA
    Firm:
    Arnold & Porter
    “Never say never”: lessons from Radioshack’s sale of customer information
    2015-07-15

    When a bankrupt company’s most valuable assets include consumer information, a tension arises between bankruptcy policy aimed at maximizing asset value, on the one hand, and privacy laws designed to protect consumers’ personal information, on the other.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Morrison & Foerster LLP, Bankruptcy, Retail, State attorney general, Federal Trade Commission (USA)
    Authors:
    Larry Engel , Kristin A. Hiensch
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    RadioShack v. Texas, round 2: gift cards
    2015-07-09

    The RadioShack bankruptcy case has already drawn the attention of both state and federal regulators for potential privacy violations, and now the company faces a new issue: $43 million worth of unused gift cards.

    Texas Attorney General Ken Paxton launched an adversary proceeding in the bankruptcy case seeking a declaratory judgment that any unused gift cards should receive priority up to $2,775 per card under Bankruptcy Code Section 507(a)(7). RadioShack gift cards did not expire and the face of the cards did not disclose an expiration date, the AG told the court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Manatt Phelps & Phillips LLP, Bankruptcy
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    The ABI Commission on business bankruptcy reform: providing information and fairness to creditors
    2015-06-30

    Will Congress Finally Act?

    This is the fourth in a series of Alerts regarding the proposals made by the American Bankruptcy Institute Commission to Reform Chapter 11 Business Bankruptcies. We discuss here the Commission’s efforts to require that debtor’s management act in a more transparent fashion. For copies of this or any prior articles about the Commission, please contact any BakerHostetler bankruptcy attorney.

    Filed under:
    USA, Banking, Insolvency & Restructuring, BakerHostetler, Bankruptcy, Debtor
    Authors:
    Joseph M. Esmont , Christopher J. Giaimo
    Location:
    USA
    Firm:
    BakerHostetler
    Will Congress finally act? - The ABI Commission on business bankruptcy reform: Providing information and fairness to creditors
    2015-06-30

    This is the fourth in a series of Alerts regarding the proposals made by the American Bankruptcy Institute Commission to Reform Chapter 11 Business Bankruptcies. We discuss here the Commission’s efforts to require that debtor’s management act in a more transparent fashion. For copies of this or any prior articles about the Commission, please contact any BakerHostetler bankruptcy attorney.

    Filed under:
    USA, Insolvency & Restructuring, BakerHostetler, Bankruptcy, Debtor
    Authors:
    Christopher J. Giaimo , Joseph M. Esmont
    Location:
    USA
    Firm:
    BakerHostetler
    Petters strikes again: amended Minnesota Fraudulent Transfer Act does not shelter certain charitable contributions
    2015-07-01

    The latest turn in the ongoing Petters bankruptcy saga came on June 11, when U.S. Bankruptcy Judge Gregory Kishel issued a 46-page order examining 2012 amendments to the Minnesota Uniform Fraudulent Transfer Act (MUFTA).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Non-profit Organizations, White Collar Crime, Stoel Rives LLP, Bankruptcy
    Authors:
    Andrew Pieper
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Lookback period: two weeks
    2015-06-26

    This week, the Weil Bankruptcy Blog premieres a new series, “Lookback Period.”  In these entries, we will periodically review and summarize the hot topics on which we have been writing over the last couple of weeks.  We thought this might be an easy way on a summer Friday (or a rainy weekend) to catch up on what you might have missed in the Weil Bankruptcy Blog.

    More Momentive, This Time From the District Court

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Partnership bankruptcy tax issues©
    2015-06-26

    Bankruptcies and restructurings involving partners and partnerships1 raise a number of unique tax issues. While the Internal Revenue Service (the “IRS”) has provided guidance with respect to a number of these issues, a surprising number of unresolved issues remain. The first part of this outline summarizes the state of the law with respect to general tax issues that typically arise in connection with partner and partnership bankruptcies and restructurings. The balance of the outline discusses tax issues that arise under Subchapter K when troubled partnerships are reorganized. II.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Cadwalader Wickersham & Taft LLP, Bankruptcy, Internal Revenue Service (USA), Internal Revenue Code (USA)
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Banks and Bitcoin exchanges
    2015-06-29

    This is the fifth post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.  We have concluded that a hypothetical U.S.-based bitcoin exchange likely would not constitute a stockbroker or a 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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