Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    8th Cir. Rules on Bankruptcy Trustee’s Ability to Recover Overdraft Covering Deposits
    2017-06-27

    In a bankruptcy preferential transfer dispute, the U.S. Court of Appeals for the Eighth Circuit recently held that the bankruptcy trustee could recover true overdraft covering deposits, while deposits covering intra-day overdrafts were not recoverable.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Debtor, Title 11 of the US Code, Eighth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Supreme Court to Hear Circuit Split Over Bankruptcy Safe Harbor Provision
    2017-05-30

    The Supreme Court has granted certiorari in Merit Management Group L.P. v. FTI Consulting Inc. to resolve a circuit split over the interpretation of Section 546(e) of the Bankruptcy Code, the “safe harbor” provision that shields specified types of payments “made by or to (or for the benefit of)” a financial institution from avoidance on fraudulent transfer grounds.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Title 11 of the US Code, Eighth Circuit, Supreme Court of the United States, Eleventh Circuit, Sixth Circuit, Seventh Circuit, Tenth Circuit
    Authors:
    Philip Bentley , Jennifer R. Sharret
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    The Best Offense is a Good Defense: While the Eighth Circuit’s Decision in In re Opportunity Fund LLC Highlights Consequences and Potential Pitfalls of Substantive Consolidation, the Bankruptcy Court Ultimately Dismisses Fraudulent Transfer Claims against the Lenders
    2016-11-01

    In our previous two news alerts,1 we examined decisions that potentially undermine key elements of the legal structures that lenders created in response to their experiences in the United States Bankruptcy Courts during the real estate downturn of 1988 through 1992, including the involuntary restructure of their indebtedness and liens under the cram-down provisions of title 11 of the United States Code (the “Bankruptcy Codeâ€).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Haynes and Boone LLP, Eighth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    8th Cir. Holds Foreclosure Did Not Discharge Security Interest in Proceeds of Collateral
    2016-10-17

    The U.S. Court of Appeals for the Eighth Circuit recently held that a secured party’s foreclosure did not discharge an otherwise valid security interest in the proceeds of the collateral, nor did it preclude the creditor from pursuing its rights to such proceeds.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Foreclosure, Eighth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Lenders to SPEs: Be Aware, You May Not Have Standing to Appeal a Substantive Consolidation Order
    2016-10-18

    A substantive non-consolidation opinion is a common feature of structured finance transactions in the U.S. Most, if not all, opine as to what a bankruptcy court would do, but express no opinion on the appellate process. We would venture a guess that most opinion recipients assume that if the bankruptcy court gets it wrong, their rights will be vindicated on appeal. The Eighth Circuit opinion in Opportunity Finance1 casts a troubling shadow over that assumption.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Dechert LLP, Eighth Circuit
    Location:
    USA
    Firm:
    Dechert LLP
    Court Affirms Dismissal of Crawford Case for FDCPA ‘Time-Barred’ Proof of Claim, Case Was Itself ‘Time-Barred’
    2016-08-11

    On July 10, 2014, the United States Court of Appeals for the Eleventh Circuit issued its opinion in Crawford v. LVNV Funding, LLC. That opinion began by decrying the “deluge” of proofs of claim filed by debt buyers on debts that are unenforceable under state statutes of limitations.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Statute of limitations, Limited liability company, Debt, Unconscionability, Fair Debt Collection Practices Act 1977 (USA), Eighth Circuit, Eleventh Circuit
    Authors:
    Brent Yarborough
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Buyer Beware: a Sale “Free and Clear” is not Free and Clear of Claims Whose Holders Were not Provided Notice of the Sale Hearing
    2016-08-16

    The Second Circuit’s recent opinion in The Matter of: Motors Liquidation Company, 2016 WL 3766237 (2nd Cir. 2016) should give pause to all buyers of assets from bankruptcy estates.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Debtor, Federal Reporter, Due process, Remand (court procedure), Prejudice, Fifth Amendment, General Motors, Due Process Clause, Eighth Circuit, Second Circuit, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Seventh Circuit Joins the Fray Regarding Time Barred Proofs of Claim
    2016-08-16

    Last week, the Seventh Circuit chimed in on whether time barred proofs of claim violate the FDCPA.In Owens v. LVNV Funding, LLC, the Seventh Circuit affirmed three district court decisions which dismissed consumer’s FDCPA claims against debt buyers who filed time barred proofs of claim.Owens v. LVNV Funding, LLC, Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016).In doing so, the Seventh Circuit joins the Second and Eighth Circuits in siding against the Eleventh Circuit’s decision in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir. 2014).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Federal preemption, Bankruptcy, Debtor, Statute of limitations, Federal Reporter, Limited liability company, Debt, Fair Debt Collection Practices Act 1977 (USA), Trustee, Eighth Circuit, Eleventh Circuit, Seventh Circuit
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Can You Be Sued for Filing a Claim in a Bankruptcy Case?
    2016-08-08

    Upon receiving notice of a debtor’s bankruptcy case, the prudent debt collector typically files a proof of claim, in the hope of receiving some distribution from the debtor’s bankruptcy estate. Absent a fraudulent claim by the debt collector, the Bankruptcy Code specifically provides for the filing of claims against the debtor’s estate. So how could a debt collector be sued for doing what the Code allows? It could happen if debts a collector actually holds are barred from enforcement under a state statute of limitations.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Lewis Rice LLC, Bankruptcy, Costs in English law, Debtor, Fraud, Fiduciary, Statute of limitations, Federal Reporter, Debt, Misrepresentation, Collection agency, Default (finance), Fair Debt Collection Practices Act 1977 (USA), Trustee, Eighth Circuit, Eleventh Circuit
    Authors:
    John J. Hall , Larry E. Parres
    Location:
    USA
    Firm:
    Lewis Rice LLC
    Confirmation Of A Chapter 11 Plan: Good Faith In The Context Of “Artificial Impairment”
    2016-08-09

    In order to confirm a chapter 11 plan, at least one class of creditors whose claims are “impaired” must accept the plan. The concept of “impairment” is very broad. Under the Bankruptcy Code, a class of claims is impaired unless the plan “leaves unaltered the legal, equitable, and contractual rights” to which the holder of the claim is entitled. That alteration can be very modest: payment in full but paid half at confirmation and the other half in 30 days, reduction of the applicable interest rate by one basis point, etc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Buchalter, Bankruptcy, Debtor, Federal Reporter, Good faith, Eighth Circuit
    Authors:
    Daniel H. Slate
    Location:
    USA
    Firm:
    Buchalter

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Page 3
    • Current page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days