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    Bank has no obligation to inform borrower of bank’s impending failure
    2013-10-25

    One of the ironic issues for failing banks has been the fact that banks that they have had to continue to deal with their borrowers and depositors in the ordinary course of business even though they are already in the queue for resolution by the FDIC. So for example, loans continue to get renewed and documents executed. What happens if you renew a loan shortly before the bank fails, do you have some sort of defense to enforcement of the loan when the successor bank or the FDIC makes demand on you?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Surety, Debtor, Fraud, Fiduciary, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jerry Blanchard
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    American Airlines/US Airways merger: back to square one?
    2013-09-04

    On 13th August 2013, the US Department of Justice (DOJ) and attorneys general from six US states and the District of Columbia filed suit in the US District Court for the District of Columbia to block the merger between US Airways and American Airlines. Days before, a group of American Airlines customers filed a claim that the merger would violate Section 7 of the Clayton Act.

    Filed under:
    USA, Aviation, Competition & Antitrust, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), US Department of Justice, American Airlines
    Authors:
    Robert Bell , Eckart Budelmann , Kathie D. Claret , Anita C. Esslinger
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Washington court finds Alaska self-settled asset protection trust subject to Washington Uniform Fraudulent Transfer Act
    2013-06-28

    The Bankruptcy Court for the Western District of Washington has now joined other states in invalidating transfers to a self-settled trust on a variety of grounds in the latest asset protection self settled trust case, In re Huber, 2012 Bankr. LEXIS 2038 (May 17, 2013).

    Filed under:
    USA, Washington, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Bryan Cave Leighton Paisner (Bryan Cave), Fraud, Beneficiary, Asset protection, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    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)
    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, Supreme Court of the United States
    Authors:
    Luke Lantta
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    You can’t hide from the IRS
    2013-05-02

    The general rule is that an IRA is exempt from the claims of creditors. Indeed, the Federal Bankruptcy Code provides in Sections 522(b)(3)(C) and 522(d)(12) that a retirement plan, including an IRA and a Roth IRA, is an exempt asset in bankruptcy. However in Green v. Pershing L.L.C., N.D. Okla., No. 4:12-cv-00296-CVE-FHM, 10/22/12, the U.S. District Court for the Northern District of Oklahoma ruled that the plan sponsor was not liable for turning over Mr. Green’s entire IRA to the IRS in response to the Notice of Levy and demand the IRS served on Pershing L.L.C. (“Pershing”).

    Filed under:
    USA, Oklahoma, Insolvency & Restructuring, Litigation, Tax, Bryan Cave Leighton Paisner (Bryan Cave), Internal Revenue Service (USA)
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    FDIC files second D&O lawsuit in Florida
    2012-12-04

    Despite having more than its fair share of failed banks, Florida has not been a hotbed of D&O litigation. On November 9th, the FDIC filed only its second lawsuit against former directors of a failed banking institution. The defendants here are former directors of Century Bank, FSB (Sarasota, FL), which was placed into receivership in mid-November 2009.  A copy of the FDIC’s complaint is available here.

    Filed under:
    USA, Florida, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Negligence, Federal Deposit Insurance Corporation (USA)
    Authors:
    W. Bard Brockman
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Another pension casualty – the Twinkie
    2012-11-27

    After failed court-ordered mediation, Hostess Brands, Inc. – makers of iconic bakery goods that include Twinkies, Ding Dongs, Ho Hos and Wonder Bread – received permission from a bankruptcy court to cease operations and liquidate last week.

    So, what does the impending liquidation of Hostess have to do with employee benefits? Well, one of the largest issues facing Hostess has been crippling union pension contributions, which have been reported as high as $1 billion.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Carrie Elizabeth Byrnes , Hal B. Morgan
    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)
    Are inherited IRAs protected in bankruptcy?
    2012-05-01

    Whether post-death creditor protection is available to inherited IRAs under the 2005 Bankruptcy Act has been the subject of a number of cases decided in the last several years. The argument made by bankruptcy trustees is that, on the death of the IRA owner, the IRA ceases to be “retirement funds” as it is not the retirement funds of the beneficiary. Consequently, the bankruptcy trustees argue that the inherited IRA ceases to have the protection afforded to IRAs under the Bankruptcy Code.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Beneficiary, United States bankruptcy court
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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