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    U.S. Supreme Court clarifies that Chapter 13 debtors may not deduct car ownership expenses when they make no loan or lease payments
    2011-01-18

    In Ransom v. FIA Card Servs., N.A., --- S.Ct. ----, 2011 WL 66438 (U.S. 2011), the United States Supreme Court took up the question of whether a Chapter 13 debtor who owns his or her vehicle outright (“free and clear”) may claim an allowance for car ownership costs and thereby reduce the amount that he or she will repay creditors. In her first opinion, Justice Kagan answered simply—no. The Ransom opinion has been seen as a victory for not only credit card companies like the one involved but other creditors, as well.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Costs in English law, Debtor, Unsecured debt, Debt, Tax deduction, Internal Revenue Service (USA), Supreme Court of the United States, Ninth Circuit, Bankruptcy Appellate Panel
    Authors:
    Kyle Melloan
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    The Supreme Court rules that Chapter 13 debtor cannot take an ownership deduction for a paid-off car
    2011-02-15

    In the first opinion authored by Justice Elena Kagan, the Supreme Court ruled that a Chapter 13 debtor may not deduct the “ownership costs” of a vehicle under the means test when he owes no further payments on the vehicle, affirming a decision of the Ninth Circuit Court of Appeals. The 8-1 opinion featured a pro-debtor dissent by Justice Scalia.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Credit card, Costs in English law, Debtor, Tax deduction, Dissenting opinion, Majority opinion, Internal Revenue Service (USA), Supreme Court of the United States, Ninth Circuit
    Authors:
    Richard (Jay) J Reding
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    Good news for mortgage lenders in consumer bankruptcy class actions
    2011-02-16

    While there has not been much good news for the mortgage banking industry coming out of bankruptcy courts in years, a recent opinion issued by the United States Court of Appeals for the Fifth Circuit provides not just good news, but very good news for mortgage lenders. The Fifth Circuit's opinion in Wilborn v. Wells Fargo Bank, N.A. (In re Wilborn), 609 F.3d 748 (5th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Baker Donelson Bearman Caldwell & Berkowitz PC, Bankruptcy, Costs in English law, Debtor, Class action, Federal Reporter, Mortgage loan, Wells Fargo, United States bankruptcy court, Fifth Circuit, US District Court for Southern District of Texas
    Authors:
    James H. White
    Location:
    USA
    Firm:
    Baker Donelson Bearman Caldwell & Berkowitz PC
    Recent decision limits utilization of non-consenting secured creditor's cash collateral
    2011-02-28

    The ability of a single asset real estate debtor in a bankruptcy case to utilize a non-consenting secured creditor's cash collateral has been limited by a recent decision from the Bankruptcy Appellate Panel of the Sixth Circuit in In re Buttermilk Towne Center, LLC, 2010 FED App. 0010P (B.A.P. 6th Cir. 2010).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Bankruptcy, Costs in English law, Debtor, Collateral (finance), Federal Reporter, Limited liability company, Secured creditor, Attorney's fee, Bank of America, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    Tami Hart Kirby
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Court adopts "purpose" test to determine whether loan is "educational"
    2011-03-07

    BUSSON-SOKOLIK v. MILWAUKEE SCHOOL OF ENGINEERING (February 10, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Costs in English law, Waiver, Debt, Default judgment, Bad faith, Frivolous litigation, Bankruptcy discharge, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Insolvency exclusion bars broker's claim for coverage and broker's payments deemed not amounts it was "legally obligated to pay"
    2011-03-01

    The United States District Court for the Northern District of Illinois, applying Illinois law, has ruled that an insolvency exclusion barred coverage for claims arising out of an insurance broker’s placement of coverage with an insolvent insurance association. American Automobile Insurance Co. v. B.D. McClure & Associates, Ltd., 2011 WL 211204 (N.D. Ill. Jan. 21, 2011).

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Costs in English law, Voluntary association, Negligence, Liquidation, Good faith, US District Court for Northern District of Illinois
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Service attempts to help tenancy-in-common investors exchanging like-kind property under section 1031 in workouts
    2011-03-16

    Now we can add Program Manager’s Technical Advice or “PMTA” to the list of administrative projects on tax matters that are open to FOIA and review by the tax practitioner community. One area that needs some help are investors in tenancy-in-common programs. On May 15, 2010, the Service issue PMTA 2010-05 which provides an legal analysis from Chief Counsel’s office directed to IRS program managers in the field.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Fox Rothschild LLP, Bankruptcy, Costs in English law, Leasehold estate, Debt, Attorney's fee, Pro rata, Internal Revenue Service (USA)
    Authors:
    Jerald David August
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A closer look at the Harry & David bankruptcy
    2011-03-28

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Costs in English law, Retail, Debt, Direct marketing, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    From the top: recent U.S. Supreme Court ruling
    2011-04-01

    The U.S. Supreme Court’s October 2010 Term (which extends from October 2010 to October 2011, although the Court hears argument only until June or July) officially got underway on October 4, three days after Elena Kagan was formally sworn in as the Court’s 112th Justice and one of three female Justices sitting on the Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Debtor, Federal Reporter, Ex post facto law, Debt, Tax deduction, Dissenting opinion, Majority opinion, Internal Revenue Service (USA), US Congress, Westlaw, Article III US Constitution, Supreme Court of the United States, Ninth Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Insurer entitled to reimbursement of defense costs but only for amounts advanced prior to rescission
    2011-04-13

    The United States District Court for the Northern District of California, applying California law, has granted summary judgment in favor of a bankruptcy plan administrator for the estate of an insured, holding that the plan administrator is entitled to recover premiums paid to an insurer after the insurer rescinded the policy. In re SONICblue Inc., 2011 WL 839401 (N.D. Cal. Mar. 4, 2011). The court also held that the insurer is entitled to reimbursement for defense costs paid to the insured prior to the policy’s rescission.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Breach of contract, Fraud, Fiduciary, US District Court for Northern District of California
    Location:
    USA
    Firm:
    Wiley Rein LLP

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