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    Post Siegel Ruling: Second Circuit Joins the Tenth Circuit in Ordering Refunds for Overpayment of U.S. Trustee Fees
    2023-02-01

    In a previous blog post from June 2022, we discussed the Tenth Circuit’s post-Sigel decision in John Q. Hammons Fall 2006 LLC v. U.S. Trustee (In re John Q. Hammons Fall 2006 LLC), 15 F.4th 1011 (10th Cir. Oct. 5, 2021), which held that the government must pay a refund to a Chapter 11 debtor based on what the debtor would have paid over the same time were the case in a Bankruptcy Administrator district.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Federal Circuit, US Court of Federal Claims
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Post Siegel Ruling: Tenth Circuit Orders Refunds for Overpayment of U.S. Trustee Fees
    2022-08-19

    The Bankruptcy Protector

    On June 6, 2022, the Supreme Court issued a unanimous ruling in Siegel v. Fitzgerald, 142 S. Ct. 1770 (U.S. June 6, 2022) that the increase in fees payable to the U.S. Trustee system in 2018 violated the uniformity aspect of the Bankruptcy Clause of the Constitution because it was not immediately applicable in the two states with Bankruptcy Administrators rather than U.S. Trustees.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, US Congress, Supreme Court of the United States, Federal Circuit, Tenth Circuit, US Court of Federal Claims
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    CAFC Wades Into Complex Intersection of Customs and Countervailing Duties
    2023-02-08

    In Acquisition 362 v. United States, the Court of Appeals for the Federal Circuit (CAFC) again waded into the intersection of the AD/CVD law and Customs law. Specifically, the court ruled that a protest of a U.S. Customs and Border Protection (Customs) decision must be filed within 180 days of liquidation. This is not a novel decision, but as always in AD/CVD cases with Customs, the details are crucial.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trade & Customs, Barnes, Richardson and Colburn, LLP, Customs, US Customs and Border Protection, Federal Circuit, US Court of International Trade, U.S. Court of Appeals
    Authors:
    Ashley J. Bodden
    Location:
    USA
    Firm:
    Barnes, Richardson and Colburn, LLP
    Does the Successor-in-Interest’s Shoe Fit?
    2021-04-22

    MOJAVE DESERT HOLDINGS, LLC v. CROCS, INC.

    Before Newman, Dyk, and O’Malley. Appeal from the Patent Trial and Appeal Board.

    Summary: Parties challenging patents in inter partes reexamination can assign their rights to others.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Knobbe Martens, Bankruptcy, USPTO, Federal Circuit
    Authors:
    Daniel P. Hughes
    Location:
    USA
    Firm:
    Knobbe Martens
    Supreme Court to Decide Whether Debtors Can Terminate a Licensee’s Rights to Trademarks under License Agreements
    2018-11-19

    The United States Supreme Court has agreed to address “[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor’s ‘rejection’ of a license agreement—which ‘constitutes a breach of such contract,’ 11 U.S.C. §365(g)—terminates rights of the licensee that would survive the licensor’s breach under applicable nonbankruptcy law.” The appeal arises from a First Circuit decision, Mission Prod. Holdings, Inc. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Mintz, Bankruptcy, Debtor, Limited liability company, Election, Supreme Court of the United States, Federal Circuit
    Authors:
    Timothy J. McKeon
    Location:
    USA
    Firm:
    Mintz
    Bankruptcy Corner: Critical Vendor Orders
    2017-10-04

    When a shipper files bankruptcy, it’s generally not good news for a motor carrier. However, motor carriers are often in a unique position that might allow them to do better than fellow creditors from other industries, recovering some or all of the unpaid pre-petition debt, while continuing to do business and get paid on a post-petition basis. Although under a bit more scrutiny since a federal circuit court decision in In re Kmart Corp., 359 F.3d 866 (7th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Smith Moore Leatherwood LLP, Bankruptcy, Federal Circuit
    Location:
    USA
    Firm:
    Smith Moore Leatherwood LLP
    New decision supports FICA exclusion for severance paid in RIF or plant closing
    2010-02-28

    A recent decision provides new support for excluding a broad range of severance pay from FICA taxes—a position undercut by the taxpayer’s loss in CSX Corp. v. United States, 518 F.3d 1328 (Fed. Cir. 2008). United States v. Quality Stores Inc., (W.D. Mich., Feb. 23, 2010), affirms a bankruptcy court’s conclusion that, contrary to Revenue Ruling 90-72, 1990-2 C.B.

    Filed under:
    USA, Michigan, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Hogan Lovells, Wage, Federal Reporter, Income tax, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), United States bankruptcy court, Federal Circuit
    Authors:
    Carin C. Carithers , Margaret de Lisser , Kurt L.P. Lawson , William L Neff , Joseph R. Rackman
    Location:
    USA
    Firm:
    Hogan Lovells
    Quality Stores: the taxpayer wins again on tax refund for severance pay
    2010-03-18

    2006 FICA Refund Claims Due April 15, 2010

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Greenberg Traurig LLP, Wage, Bankruptcy, Debtor, Statute of limitations, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), United States bankruptcy court, Federal Circuit, US Court of Federal Claims
    Authors:
    Timothy Jessell
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    CAFC Wades Into Complex Intersection of Customs and Countervailing Duties
    2023-02-08

    In Acquisition 362 v. United States, the Court of Appeals for the Federal Circuit (CAFC) again waded into the intersection of the AD/CVD law and Customs law. Specifically, the court ruled that a protest of a U.S. Customs and Border Protection (Customs) decision must be filed within 180 days of liquidation. This is not a novel decision, but as always in AD/CVD cases with Customs, the details are crucial.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trade & Customs, Customs, US Customs and Border Protection, Federal Circuit, US Court of International Trade, U.S. Court of Appeals
    Location:
    USA
    Post Siegel Ruling: Second Circuit Joins the Tenth Circuit in Ordering Refunds for Overpayment of U.S. Trustee Fees
    2023-02-01

    In a previous blog post from June 2022, we discussed the Tenth Circuit’s post-Sigel decision in John Q. Hammons Fall 2006 LLC v. U.S. Trustee (In re John Q. Hammons Fall 2006 LLC), 15 F.4th 1011 (10th Cir. Oct. 5, 2021), which held that the government must pay a refund to a Chapter 11 debtor based on what the debtor would have paid over the same time were the case in a Bankruptcy Administrator district.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Federal Circuit, US Court of Federal Claims
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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