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    Second Circuit joins chorus on inapplicability of Bankruptcy Code Section 502(d) to administrative claims
    2009-12-17

    The Second Circuit Court of Appeals recently issued its decision on a question of first impression before the court: whether section 502(d) of the Bankruptcy Code applies to administrative claims arising under section 503(b) of the Bankruptcy Code. See, generally, ASM Capital, L.P. v. Ames Dept. Stores, Inc. (In re Ames Dept. Stores, Inc.), 582 F.3d 422 (2d Cir. 2009).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Federal Reporter, Default judgment, Liquidation, Conveyancing, Title 11 of the US Code, Trustee, Second Circuit, Ninth Circuit, United States bankruptcy court, Fifth Circuit
    Authors:
    Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Electronic filings and actual notice
    2010-02-01

    On January 28th, the Ninth Circuit addressed the issue of whether a Chapter 7 bankruptcy trustee had actual notice of an unrecorded refinanced mortgage when the bankruptcy petition was electronically filed simultaneously with schedules listing the mortgage as a secured debt. The Court held that the trustee lacked actual notice. The Court found that the filing of the petition was a separate event from the filing of the schedules. The trustee was therefore a bona fide purchaser for value without notice and under state bona fide purchaser law, the trustee could avoid the unrecorded mortgage.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Debt, Mortgage loan, Deed, Good faith, Refinancing, Conveyancing, Secured loan, Trustee, Ninth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Equitable subordination of a creditor's secured claim when such secured creditor is, itself, in bankruptcy
    2010-02-18

    In a majority opinion dated December 15, 2009, the Ninth Circuit Bankruptcy Appellate Panel held that a chapter 11 debtor may not equitably subordinate a creditor's claim and transfer the lien securing that claim, when such creditor is, itself, in bankruptcy, before first obtaining relief from the automatic stay under section 362 of the U.S. Bankruptcy Code in such creditor's bankruptcy case. Lehman Commercial Paper v. Palmdale Hills Prop. (In re Palmdale Hills Prop., LLC), 2009 Bankr. LEXIS 4294 (B.A.P. 9th Cir. Dec. 15, 2009).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Fraud, Debt, Conveyancing, Secured creditor, Prejudice, Majority opinion, Lehman Brothers, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Robert Sahyan
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    In re Tousa (Bankr. S. D. Florida, Oct. 13, 2009)
    2010-03-10

    The South Florida Bankruptcy Court in the Tousa case ordered various creditors that had benefitted from a fraudulent conveyance to disgorge $421,000,000 to the jointly-administered Tousa bankruptcy estates. The court also ordered the avoidance of liens on the assets of various Tousa subsidiary entities who were also debtors in the bankruptcy proceedings. This case may raise increased focus upon the legal theory of fraudulent conveyance, which was the rationale used by the bankruptcy court to order the money returned.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Debt, Liability (financial accounting), Balance sheet, Refinancing, Conveyancing, Subsidiary, Parent company, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    What is a fraudulent transfer? Decision in Elrod Holdings explains
    2010-03-07

    Introduction

    Section 548 of the United States Bankruptcy Code allows for the avoidance of transfers that are either intentionally or constructively fraudulent. Section 548 provides, in relevant part, as follows:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bond (finance), Bankruptcy, Debtor, Fraud, Interest, Consideration, Debt, Liquidation, Conveyancing, Circumstantial evidence, Title 11 of the US Code, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Second Circuit joins chorus on inapplicability of Bankruptcy Code Section 502(d) to administrative claims
    2009-12-17

    The Second Circuit Court of Appeals recently issued its decision on a question of first impression before the court: whether section 502(d) of the Bankruptcy Code applies to administrative claims arising under section 503(b) of the Bankruptcy Code. See, generally, ASM Capital, L.P. v. Ames Dept. Stores, Inc. (In re Ames Dept. Stores, Inc.), 582 F.3d 422 (2d Cir. 2009).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Federal Reporter, Default judgment, Liquidation, Conveyancing, Title 11 of the US Code, Second Circuit, Ninth Circuit, United States bankruptcy court, Fifth Circuit, Trustee
    Authors:
    Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    NGP v. ATP: should overriding royalty interest owners be concerned?
    2014-03-22

    A recent bankruptcy court decision denying a royalty owner's motion for summary judgment is highly relevant to any investor that currently owns a term royalty interest or is considering such an investment. The United States Bankruptcy Court for the Southern District of Texas found in NGP Capital Resources Co. v. ATP Oil & Gas Corp. (In re ATP Oil & Gas Corp.), No. 12-3443, 2014 Bankr. LEXIS 33 (Bankr. S.D. Tex. Jan.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Interest, Conveyancing, United States bankruptcy court
    Authors:
    Thomas A. Howley , Jeffrey A. Schlegel , William Prescott Mills Schwind , Paul M. Green
    Location:
    USA
    Firm:
    Jones Day
    Bankruptcy ruling highlights potential problems of using deeds as estate planning tools
    2014-01-22

    Northern District of Oklahoma Chief Bankruptcy Judge Terrence L. Michael’s introduction to the opinion in In re Harrison (2013 WL 6859303) serves as a good introduction to this post:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wills & Probate, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Conveyancing
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Taxbuyer's interest in property is not "perfected" under fraudulent transfer statute until deed is recorded
    2010-07-28

    SMITH v. SIPI, LLC (July 27, 2010)

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Interest, Limited liability company, Deed, Remand (court procedure), Conveyancing, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Coeur Défense safeguard proceedings: lessons to be learnt from the French Supreme Court decision
    2011-05-18

    Introduction

    On 8 March 20111, the French Supreme Court issued an important decision for the restructuring, finance and private equity communities and their advisers in connection with the on-going litigation surrounding the Coeur Défense restructuring.

    Filed under:
    France, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Private equity, Debt, Holding company, Conveyancing, Leverage (finance), Secured loan, Lehman Brothers, Court of Appeal of England & Wales, Court of Appeal of Paris
    Authors:
    Hervé Diogo Amengual
    Location:
    France
    Firm:
    Latham & Watkins LLP

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