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    Updated Minnesota Exemptions
    2024-09-17

    Chart Comparing Exemptions

    The specific bankruptcy and nonbankruptcy (Minnesota law and nonbankruptcy federal law) exemptions vary in scope and dollar amount. The following table summarizes and compares the two sets of exemptions. The statutory language of the exemption has been paraphrased in this chart. The actual statutory language as well as case law must be reviewed when analyzing a debtor’s claim for a particular exemption.

    Revised August 2024

    Filed under:
    USA, Minnesota, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, Employee Retirement Income Security Act 1974 (USA), Internal Revenue Service (USA), Internal Revenue Code (USA)
    Authors:
    James C. Brand
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Yellow Is Seeing Red: Bankruptcy Court Invokes Loper Bright in Upholding PBGC Regulations
    2024-09-16

    On September 13, the U.S. Bankruptcy Court for the District of Delaware issued a highly anticipated decision in the In re: Yellow Corporation, et al. bankruptcy that addressed objections to 11 multiemployer pension funds’ withdrawal liability claims totaling $6.5 billion, where those plans received billions in taxpayer-funded Special Financial Assistance (SFA) provided under the American Rescue Plan Act (ARPA) that was not included in plan assets for purposes of the withdrawal liability assessments based upon PBGC regulations.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Employee Retirement Income Security Act 1974 (USA), US Congress, American Rescue Plan Act 2021 (USA), Supreme Court of the United States, Financial services pension providers
    Authors:
    Dominic DeMatties , Katherine B. Kohn
    Location:
    USA
    Firm:
    Thompson Hine LLP
    HFW Disputes Digest 2023
    2024-01-08

    HFW DISPUTES DIGEST 2023

    Welcome to the second annual Disputes Digest, in which we collate our 2023 global HFW LITIGATION and International Arbitration publications in one place.

    This edition includes updates from across our Disputes arena, including England and Wales, BVI, AsiaPac, and the Middle East.

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Compliance Management, Derivatives, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, HFW, Know your customer, Blockchain, Employee Retirement Income Security Act 1974 (USA), Advertising, Climate change, Supply chain, Mediation, Fintech, Due diligence, Carbon neutrality, Cryptocurrency, ESG, Litigation funding, Anti-money laundering, Non-fungible tokens, Metaverse, Anti-bribery and corruption, Greenwashing, US Securities and Exchange Commission, Financial Conduct Authority (UK), Barclays, Consumer Financial Protection Bureau (USA), Google, European Council, Commodity Futures Trading Commission (USA), Competition and Markets Authority (UK), HSBC, Monetary Authority of Singapore, Bank of England, Singapore International Arbitration Centre, FTX, Silicon Valley Bank, Arbitration Act 1996 (UK), Federal Arbitration Act 1926 (USA), Financial Services and Markets Act 2000 (UK), UK Supreme Court
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    HFW
    Pre-petition settlement agreement not an assumable, assignable, executory contract
    2023-10-18

    In Svenhard’s Swedish Bakery v. United States Bakery, Bk. No. 19-15277, 2023 WL 5541420 (9th Cir. Aug. 29, 2023), the Ninth Circuit held that a settlement agreement that resolved an employer’s withdrawal liability to a multiemployer pension fund was not an executory contract that could be assumed and assigned to a third-party when that employer subsequently filed for bankruptcy. The decision is instructive for multiemployer funds and employers that negotiate settlement agreements to resolve these types of liabilities.

    Background

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Employee Retirement Income Security Act 1974 (USA), Ninth Circuit
    Authors:
    Neil Shah , Anthony S. Cacace
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    The Brief: Financial Services Litigation Quarterly Fall 2023
    2023-10-16

    THE BRIEF

    FINANCIAL SERVICES LITIGATION QUARTERLY

    FALL 2023

    1

    TABLE OF CONTENTS

    Were There Underwriting Requirements for PPP Loans After All? The Sound-Value Requirement May Pose Risk for PPP Lenders

    3

    Noteworthy10

    District Court Upholds New ERISA Rules on ESG Investing

    10

    Fourth Circuit Holds That Class-Action Waivers Must Be Addressed Before Class Certification

    12

    Ninth Circuit: Fees for Claims-Made Settlements Must Be Based on Actual Recovery

    13

    Filed under:
    USA, Banking, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Employee Retirement Income Security Act 1974 (USA), Climate change, ESG, Paycheck Protection Program, Consumer Financial Protection Bureau (USA), US Congress, Small Business Administration (USA), Accenture, Telephone Consumer Protection Act 1991 (USA), CARES Act 2020 (USA)
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Re Consort Healthcare
    2024-07-03

    Restructuring Plans: should an opposing creditor be granted security for costs? Might that open the floodgates where companies are by definition “distressed,” or was this particular Plan more akin to ordinary adversarial litigation? Read our summary below.

    Filed under:
    United Kingdom, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Wedlake Bell, Employee Retirement Income Security Act 1974 (USA), Companies Act 2006 (UK)
    Authors:
    Robert Paterson
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    Lessons for lenders when taking security: Re UKCloud Ltd (in liquidation)
    2024-06-13

    In a recent judgment1, the High Court determined (contrary to the arguments of the affected secured creditor) that a debenture created a floating charge rather than a fixed charge over certain internet protocol (IP) addresses. Whilst elements of the decision are inevitably fact-specific, some broader lessons and reminders can be taken from the judgment which will be of general relevance to lenders when taking security.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Employee Retirement Income Security Act 1974 (USA), Liquidation, Secured creditor, Lender, Secured debt
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Conflicting Statutes: ERISA Arbitration & Bankruptcy Claims Allowance (In re Yellow Corp.)
    2024-06-18

    We have a direct statutory conflict:

    • one statute requires an ERISA dispute to be resolved in arbitration; but
    • a bankruptcy statute requires the same dispute to be resolved in bankruptcy.

    Which statute should prevail? The bankruptcy statute, of course.

    • That’s the conclusion of In re Yellow Corp.[Fn. 1]

    Statutory Conflict

    The In re Yellow Corp. case presents a direct conflict between these two federal statutes (emphases added):

    Filed under:
    USA, Nebraska, Arbitration & ADR, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Federal Arbitration Act 1926 (USA), Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Delaware Bankruptcy Court: "Center of Main Interests" for Purposes of Chapter 15 Recognition Must Be Determined on Debtor-by-Debtor Rather than Enterprise Group Basis
    2024-05-30

    Determining a foreign debtor's "center of main interests" ("COMI") for purposes of recognizing a foreign bankruptcy proceeding in the United States under chapter 15 of the Bankruptcy Code can be problematic in cases involving multiple debtors that are members of an enterprise group doing business in several different countries. The U.S.

    Filed under:
    Global, USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Employee Retirement Income Security Act 1974 (USA)
    Authors:
    Corinne Ball , David S. Torborg , Dan T. Moss
    Location:
    Global, USA
    Firm:
    Jones Day
    Foreign judgment enforceable at common law despite legislative change making it unenforceable in state of origin
    2023-10-02

    The High Court has held that there is no common law rule preventing enforcement of a foreign judgment in England and Wales simply because it is not presently or fully enforceable in the relevant foreign jurisdiction.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Employee Retirement Income Security Act 1974 (USA)
    Authors:
    Chris Bushell , Maura McIntosh
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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