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    8th Cir. BAP Holds Modification of BK Plan Requires At Least ‘Substantial Change in Circumstances’
    2023-06-06

    The U.S. Bankruptcy Appellate Panel for the Eighth Circuit recently held that, at a minimum, a substantial change in circumstances is required to justify modification of a bankruptcy plan under Section 1229.

    The Eighth Circuit BAP also determined that the bankruptcy court’s ruling that the debtors met their burden of showing an unanticipated, substantial change in circumstances was not clearly erroneous, despite multiple changes by the debtor, nor was the bankruptcy court’s finding that the fourth modified plan was feasible and confirmable.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Eighth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    A Critical Election: BAP or District Court?
    2022-02-09

    In the First, Sixth (in some districts within the circuit), Eighth, Ninth and Tenth Circuits an appeal from a bankruptcy court order may go either to the district court, as elsewhere in the country, or, uniquely to those five circuits, to a Bankruptcy Appellate Panel (BAP). The BAP is a three-judge panel selected from bankruptcy judges in the circuit but not the same district. Under the statute, presumptively the appeal goes to the BAP but the appellant may elect to go to the district court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, US Congress, Eighth Circuit, Supreme Court of the United States, Ninth Circuit, Bankruptcy Appellate Panel, Tenth Circuit
    Authors:
    James L. Baillie
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Eighth Circuit Scales Back Equitable Mootness Doctrine for Dismissing Confirmation Appeal
    2021-08-31

    Courts frequently dismiss creditor appeals of bankruptcy confirmation orders as equitably moot. However, the Eighth Circuit Court of Appeals recently departed from this historic practice. In reversing a District Court determination that confirmation of a plan rendered a creditor’s appeal equitably moot, the Eighth Circuit held that motions to dismiss for equitable mootness should be “rarely granted,” and it reversed and remanded the lower courts’ dismissal of a creditor’s appeal of a Plan Confirmation Order on equitable mootness grounds.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Eighth Circuit, Supreme Court of the United States
    Authors:
    Douglas S. Mintz , Peter J. Amend
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Mootness Muted? - Eighth Circuit Circumscribes Use of Equitable Mootness Doctrine to Bar Bankruptcy Plan Appeals
    2021-08-20

    In its August 5th, 2021 VeroBlue Farms decision,[1] the Eighth Circuit lent its voice to a growing body of criticism of the equitable mootness doctrine contending that its use to bar challenges to confirmed reorganization plans should be circumscribed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Eighth Circuit
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Eighth Circuit Rules Fraudulent Conveyances Subject to Statutory 502(b)(6) Cap
    2020-05-13

    The Bottom Line

    In Lariat Cos. v. Wigley(In re Wigley), Case No. 18-3489 (8th Cir. March 9, 2020), the Eighth Circuit held that a claim against Debtor B that arose out of a fraudulent transfer made by Debtor A to Debtor B was subject to the statutory cap applicable to lease rejection damages where Debtor A’s underlying liability was premised on its breach of a lease.

    What Happened?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Title 11 of the US Code, Eighth Circuit
    Authors:
    Rose Hill Bagley
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    8th Circ. Ruling May Provide Relief For Bakken Debtors
    2020-08-21

    This article was originally published in Law360. 

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Coronavirus, Eighth Circuit
    Authors:
    Isaac E. Griesbaum , Katherine A. Preston
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Eighth Circuit Holds Federal Law Controls Award of Pre-Judgment Interest on Judgments for the Value of Transfers Avoided under Section 544(b)
    2020-09-16

    EIGHTH CIRCUIT BANKRUPTCY MONITOR

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Litigation, Spencer Fane LLP, Eighth Circuit
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP
    IRS Can Pursue “Responsible Persons” for Unpaid Trust Fund Taxes and Automatic Stay Cannot Be Used to Enjoin Collection Against Non-Debtor Officers and Directors
    2017-06-14

    The Bottom Line

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Kramer Levin Naftalis & Frankel LLP, Internal Revenue Service (USA), Eighth Circuit, Third Circuit, First Circuit
    Authors:
    Megan M. Wasson
    Location:
    Puerto Rico, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Section 363 Sale Survives Collateral Attack by Chapter 7 Trustee
    2020-02-11

    In 2019, the Eighth Circuit Court of Appeals upheld the finality of an asset sale previously approved by the bankruptcy court, providing valuable precedent in support of this core aspect of Chapter 11 practice. Fulmer v. Fifth Third Equip. Fin. Co. et al. (In re Veg Liquidation, Inc.), 931 F.3d 730 (8th Cir. 2019)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, Eighth Circuit
    Authors:
    James C. Brand
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Right to Participate in Backstop is not on Account of a Pre-Petition Claim
    2019-09-05

    Background

    Following various disputes as to the scope of the collateral given to secured creditors, the debtors and certain of their noteholders jointly proposed a chapter 11. The plan included a rights offering that the consenting noteholders agreed to backstop. These consenting noteholders were granted the right to purchase significant equity of the reorganized debtors at a discount and receive significant premiums for their agreement to backstop the rights offering and support the plan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Eighth Circuit, United States bankruptcy court, U.S. Court of Appeals
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP

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