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    Supreme Court Alert: Supreme Court Finds U.S. Trustee Fee Increase Unconstitutional
    2022-06-24

    In a decision rendered on June 6, 2022, Justice Sotomayor authored the Supreme Court’s unanimous decision in the case Siegel v. Fitzgerald, holding that a statutory increase in United States Trustee’s fees violated the “uniformity” requirement of the Bankruptcy Clause set forth in Article I, § 7, cl. 4 of the United States Constitution, which empowers Congress to establish “uniform Laws on the subject of Bankruptcies throughout the United States.”1  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, US Congress, Supreme Court of the United States
    Authors:
    Kevin C. Maclay , Todd E. Phillips , Kevin M Davis
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Supreme Court Alert: Supreme Court Declines to Address the Viability of the Equitable Mootness Doctrine
    2021-10-29

    On October 12, 2021, the U.S. Supreme Court denied, without comment, a petition for a writ of certiorari in a case challenging the doctrine of equitable mootness. Equitable mootness has been described as a “narrow doctrine by which an appellate court deems it prudent for practical reasons to forbear deciding an appeal when to grant the relief requested will undermine the finality and reliability of consummated plans of reorganization.”1 By his petition, David Hargreaves—an unsecured noteholder of debtor Nuverra Environmental Solutions Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Supreme Court of the United States
    Authors:
    Kevin C. Maclay , Todd E. Phillips , Kevin M Davis
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Chapter 15 at 11: threshold requirements for recognition
    2017-03-24

    Introduction

    Foreign representative

    Foreign proceeding

    Property in the United States

    Comment

    Filed under:
    Australia, USA, Capital Markets, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jeffrey A. Liesemer
    Location:
    Australia, USA
    Firm:
    Caplin & Drysdale, Chartered
    Supreme Court nixes Puerto Rico insolvency law, but Congress legislates new path
    2016-07-22

    Introduction

    On July 13 2016, the US Supreme Court issued its ruling in Puerto Rico v Franklin California Tax-Free Trust. Affirming the decision of the court of appeals, the Supreme Court ruled by a vote of five to two that the US Bankruptcy Code pre-empts the Recovery Act, which Puerto Rico enacted in 2014 to address its mounting debt crisis.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Caplin & Drysdale, Chartered, US Congress, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Jeffrey A. Liesemer , Sally J. Sullivan
    Location:
    Puerto Rico, USA
    Firm:
    Caplin & Drysdale, Chartered
    First Circuit decision fails to relieve Puerto Rico's debt crisis
    2015-10-16

    Introduction

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Caplin & Drysdale, Chartered, First Circuit
    Authors:
    Sally J. Sullivan
    Location:
    Puerto Rico, USA
    Firm:
    Caplin & Drysdale, Chartered
    Chapter 15 at 11: Chapter 15 provides provisional relief in Hanjin Shipping
    2017-01-06

    This is the second instalment in a series on the US cross-border insolvency statute, Chapter 15 of the Bankruptcy Code, which took effect 11 years ago (for further details please see "Chapter 15 at 11: Bankruptcy Code's cross-border insolvency law approaches 11th anniversary").

    Filed under:
    South Korea, USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Caplin & Drysdale, Chartered, United States bankruptcy court
    Authors:
    Jeffrey A. Liesemer
    Location:
    South Korea, USA
    Firm:
    Caplin & Drysdale, Chartered
    Chapter 15 at 11: Bankruptcy Code's cross-border insolvency law approaches 11th anniversary
    2016-09-30

    Introduction

    Chapter 15 of the Bankruptcy Code, which deals with cross-border insolvency cases, took effect nearly 11 years ago.(1) Congress enacted Chapter 15 in 2005 to replace Bankruptcy Code Section 304, which previously addressed transnational insolvencies.(2) Chapter 15 largely incorporates the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Cross-Border Insolvency, which was promulgated in May 1997. The Model Law is designed:

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Comity
    Authors:
    Jeffrey A. Liesemer
    Location:
    Global, USA
    Firm:
    Caplin & Drysdale, Chartered
    Appeal or No Appeal: In Stipulations, Silence on Appellate Rights Could Mean Waiver
    2020-01-09

    On December 12, 2019, the Third Circuit issued a decision in In re Odyssey Contracting Corp., finding a debtor-subcontractor had waived its right to appeal from a bankruptcy court’s order directing the prime contractor and the debtor-subcontractor to resolve an adversary proceeding in accordance with a stipulation entered into by the parties and approved by the bankruptcy court prior to trial.  This ruling has implications for all parties litigating in the Third Circuit, as the Odyssey ruling makes clear that parties who enter into stipulated agreements that depend on

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Debtor, Third Circuit
    Authors:
    Kevin C. Maclay , Todd E. Phillips , George M. O’Connor
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    SDNY Distinguishes Supreme Court, Holds Tribune Company’s Leveraged Buyout Falls Within Section 546(e) Safe Harbor Provision
    2019-08-20

    The District Court for the Southern District of New York has ruled that a trustee could not amend a complaint to add federal constructive fraudulent transfer claims because those claims were preempted by the safe harbor provision of the Bankruptcy Code.[1]  The District Court found, under a plain language reading of the safe harbor provision, 11 U.S.C.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Title 11 of the US Code, Second Circuit
    Authors:
    Kevin C. Maclay , Todd E. Phillips , Nathaniel R. Miller
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    Garvin and its Aftermath: The Ninth Circuit Upholds a Bankruptcy Plan Contemplating Income From a Cannabis-Related Source and Several Bankruptcy Courts Quickly Weigh In
    2019-07-08

    In May, the United States Court of Appeals for the Ninth Circuit issued a much anticipated decision in Garvin v. Cook Investments NW, SPNWY, LLC, 922 F.3d 1031 (9th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Debtor, Ninth Circuit
    Authors:
    Todd E. Phillips , Jeanna Rickards Koski
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered

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