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    National Insurance Act/optional federal charter legislation reintroduced in Senate
    2007-06-06

    On May 24, 2007, optional federal charter (OFC) legislation was reintroduced into the Senate as the National Insurance Act of 2007 (S. 40) (NIA), co-sponsored by John Sununu (R-NH) and Tim Johnson (D-SD). A similar bill is expected to be reintroduced into the House by Ed Royce (R-CA) in the coming weeks. The bill closely resembles the original legislation filed last year by the same co-sponsors. The major changes in the new bill are provisions concerning surplus lines/nonadmitted insurers and the insolvency/guaranty funds.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Locke Lord LLP, Federal preemption, Voluntary association, Casualty insurance, US Federal Government, US Congress, US House of Representatives
    Location:
    USA
    Firm:
    Locke Lord LLP
    Bankruptcy Code preempts policies’ anti-assignment clauses such that transfer to Section 524(g) trust is allowed
    2008-03-25

    Bankruptcy Judge Judith Fitzgerald ruled last week that a debtor's insurance policies are assets of the estate and, therefore, can be properly transferred to a § 524(g) trust notwithstanding any applicable anti-assignment clauses. In re Federal-Mogul Global Inc., 01-10578 (Bankr. D. Del. March 19, 2008).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Federal preemption, Bankruptcy, Conflict of laws, Debtor, Federal Reporter, Third Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy court rules that federal mogul insurance policies may be assigned to asbestos liability trust
    2008-07-21

    In a recent decision of the United States Bankruptcy Court for the District of Delaware, In re Federal Mogul Global, Inc., No. 01-10578 (JKF) (Bankr. D. Del., Mar. 19, 2008) (click here to read the decision), the court ruled that the assignment of rights in certain insurance policies to an asbestos trust was valid and enforceable under the Bankruptcy Code, and anti-assignment provisions in the policies and applicable state law were preempted.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Insurance, Litigation, Locke Lord LLP, Federal preemption, Bankruptcy, Debtor, Liability (financial accounting), Underwriting, Delaware Supreme Court, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Locke Lord LLP
    Transferee(s) may be protected despite unknown bankruptcy of transferor
    2008-09-09

    Buyers of, and lenders upon, distressed California real property can sleep a little better following a recent U.S. Ninth Circuit Court of Appeals decision: In the Matter of Craig L. Tippett, 2008 U.S. App. LEXIS 18914 (September 4, 2008). In Tippett, the Court upheld the California bona fide purchaser statute against a federal preemption claim and declined to find a violation of the Bankruptcy Code’s automatic stay provision in order to affirm an unauthorized real property sale by the Chapter 7 debtor.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Federal preemption, Bankruptcy, Debtor, Good faith, Constructive notice, US Code, Title 11 of the US Code, California Civil Code, Trustee, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Actions taken in violation of the automatic stay are void... sometimes
    2008-10-02

    In Burkhart v. Coleman, (In re Tippett) --- F.3d ---, 2008 WL 4070690 (9th Cir. Sept. 4, 2008), the Ninth Circuit held that an unauthorized post-petition sale of real property may be upheld where: 1) the bankruptcy trustee failed to record the bankruptcy petition with the county recorder; and 2) a bona fide purchaser thereafter bought and recorded title in the property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Federal preemption, Debtor, Federal Reporter, Deed, Good faith, Deed of trust (real estate), US Code, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Bona fide purchasers protected from trustee action
    2009-04-27

    The U.S. Court of Appeals for the Ninth Circuit has held that a bankruptcy trustee could not avoid an unauthorized sale of real estate to a bona fide purchaser— although the proceeds of the sale did belong to the estate.

    The court ruled that an unauthorized postpetition transfer of real property in California could be avoided only if the buyer had actual knowledge of a bankruptcy filing, or if the trustee recorded the transfer of title to the property from the debtor to the estate in the land records of the applicable county, In re Tippett, 542 F.3d 684 (9th Cir. 2008).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP, Federal preemption, Bankruptcy, Debtor, Deed, Good faith, Conveyancing, Title 11 of the US Code, Trustee, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Jeanne S. Lofgren
    Location:
    USA
    Firm:
    Reed Smith LLP
    Any Port in a Storm - the Safe Harbor of Section 546(e)
    2016-04-28

    A bankruptcy court wrote that filing for bankruptcy is “powerful magic.”  By finding federal preemption of state law fraudulent transfer claims, the Second Circuit Court of Appeals’ decision in the long-running Tribune case showed just how powerful this magic can be.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Squire Patton Boggs, Federal preemption, Bankruptcy, Balance sheet, Leveraged buyout, Tender offer, United States bankruptcy court
    Authors:
    Kate Thomas
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Sixth Circuit to consider Chrysler dealers' appeal
    2012-04-24

    In the aftermath of the 2009 bankruptcies of Chrysler LLC (“Old Chrysler”) and General Motors Corporation (“Old GM”), Congress enacted Section 747 of the Consolidated Appropriations Act of 2010, Pub. L. No.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Federal preemption, Bankruptcy, General Motors, Chrysler, Sixth Circuit
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Transferee(s) may be protected despite unknown bankruptcy of transferor
    2008-09-09

    Buyers of, and lenders upon, distressed California real property can sleep a little better following a recent U.S. Ninth Circuit Court of Appeals decision: In the Matter of Craig L. Tippett, 2008 U.S. App. LEXIS 18914 (September 4, 2008). In Tippett, the Court upheld the California bona fide purchaser statute against a federal preemption claim and declined to find a violation of the Bankruptcy Code’s automatic stay provision in order to affirm an unauthorized real property sale by the Chapter 7 debtor.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Real Estate, Bryan Cave Leighton Paisner (Bryan Cave), Federal preemption, Bankruptcy, Debtor, Good faith, Constructive notice, US Code, Title 11 of the US Code, California Civil Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel, Trustee
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Puerto Rico’s Recovery Act ruled preempted: what now?
    2015-02-08

    At the end of “The Candidate”, Robert Redford’s title character, having won, famously asks, “What do we do now?”

    A similar question can be asked now that the federal district court in Puerto Rico has struck down the Puerto Rico Public Corporation Debt Enforcement and Recovery Act.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Mintz, Federal preemption, American Recovery and Reinvestment Act 2009 (USA)
    Authors:
    Leonard Weiser-Varon , William W. Kannel
    Location:
    Puerto Rico, USA
    Firm:
    Mintz

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