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    The Little Airline That Couldn’t
    2016-07-19

    Remember Sabena, the ill-fated Belgian airline that declared bankruptcy in 2001? Well, to quote Ford Madox Ford, this is the saddest story I have ever heard.

    Filed under:
    USA, Aviation, Banking, Insolvency & Restructuring, Trade & Customs, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Beneficiary, Uniform Commercial Code (USA), Office of Foreign Assets Control (USA), Deutsche Bank
    Authors:
    Robert Clifton Burns
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Play it again Sam–are inherited IRAs protected from creditors in bankruptcy?
    2013-07-01

    When the Fifth Circuit, in a case of first impression for that circuit and all of its sister circuit, last year ruled in In re Chilton, 11-40377, 2012 WL 762924 (5th Cir. Mar. 12, 2012) that inherited IRAs constituted retirement funds within the “plain meaning” of §522 of the Bankruptcy Code and were thus exempt from the bankruptcy estate, under § 522(d)(12) (the federal exemptions), many thought the issue was settled.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Interest, Eighth Circuit, Fifth Circuit, Seventh Circuit
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    U.S. Supreme Court Limits Availability of Civil Remedies Against Debt Collectors in Bankruptcy Proceedings
    2017-05-16

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debt, Fair Debt Collection Practices Act 1977 (USA), SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Improper Use of Contract Attorneys, Failure to Disclose Terms - This Case Has It All
    2016-07-18

    Estate professionals are under continued scrutiny. Unlike other professionals, getting paid is not simply a matter of sending a bill. The bankruptcy court, appropriately so, closely oversees the amount and timing of payment of estate professional fees. And proper disclosure under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) is critical for all estate professionals.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Regulatory compliance, Bankruptcy, Debtor, Independent contractor, Discovery, Legal burden of proof, Constitutional amendment, US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Defalcation, bankruptcy, and fiduciary litigation
    2013-05-20

    Last week, the United States Supreme Court issued its opinion in Bullock v. BankChampaign, N.A., which addressed the circumstances in which a breach of fiduciary duty judgment can be discharged in bankruptcy proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Fiduciary, Bankruptcy discharge, SCOTUS
    Authors:
    Luke Lantta
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    It’s Not Final, and That’s Final: The Ninth Circuit’s Gugliuzza Decision
    2017-04-11

    As we have noted in another post, Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order Non-Appealable?, not all orders in bankruptcy cases are immediately appealable as a matter of right. Only those orders deemed sufficiently “final” may be appealed without additional court authorization.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, United States bankruptcy court
    Authors:
    Bryce A. Suzuki
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Internet Service a Utility in Bankruptcy? It Might Be Now
    2016-07-11

    Editor’s Note:  One of the many fascinating things about restructuring work is its willingness to evolve by borrowing from other areas of the law.  Just as business practices change, new financing techniques evolve, and transactions become more complex, the bankruptcy world must adapt as well, to allow for a well functioning insolvency system and not a stilted, out of date process.  To that end, we at The Bankruptcy Cave love finding curious decisions in tangential fields of the law, and thinking about how they may change bankruptcy practice, or how bankruptcy pract

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Telecoms, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Broadband, Federal Communications Commission (USA)
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Seventh Circuit bankruptcy decision is a major victory for trademark licensees
    2012-07-19

    Trademark licensees won a victory on July 9, 2012, when the Court of Appeals for the Seventh Circuit issued its decision in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC. The opinion holds that the rights of a trademark licensee do not automatically terminate when its license agreement is rejected by a trademark owner in bankruptcy. Nevertheless, the significance of that victory will only become clarified if and when other courts, including possibly the Supreme Court, and Congress address the issues raised in Sunbeam.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, US Congress, Fourth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Bankruptcy Bulletin Blamed for Blabbing Bondholders; New York Court Appoints Itself Arbiter of Who is “Legitimate Media”
    2017-04-09

    We are all very used to (and very bored of) the on-going debate of what actually constitutes “the media” or “legitimate news.” In most instances, this sort of debate pits exclusive, Columbia-educated, “proper” journalists against those who have large on-line followings and eschew any association with a Dickensian-era newspaper.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Media & Entertainment, Bryan Cave Leighton Paisner (Bryan Cave), Confidentiality, Bankruptcy
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Some Much Needed Transparency Required on Liquidating Trustees, Liquidating Trusts, Plan Documents, and Other Post-Confirmation Matters
    2016-07-10

    We at The Bankruptcy Cave applaud the recent ruling by Judge Whipple of the Bankruptcy Court for the Northern District of Ohio, seeking to make the post-confirmation parties, processes, and procedures far more transparent. In In re Affordable Med Scrubs, LLC,[1] Judge Whipple declined to approve a disclosure statement for a debtor’s liquidating plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Interest, Discovery, Liquidation, United States bankruptcy court, US District Court for Northern District of Ohio, Trustee
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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