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    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
    State law conspiracy and tortious interference claims were properly removed because they "arose in" bankruptcy
    2010-04-28

    IN RE: REPOSITORY TECHNOLOGIES, INC

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Federal preemption, Bankruptcy, Abuse of process, Tortious interference, Vacated judgment, Remand (court procedure), Involuntary dismissal, Bad faith, Prejudice, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Ever-Expanding Safe Harbor Leaves Creditors’ Claims Stranded at Sea
    2016-04-12

    Second Circuit holds that Bankruptcy Code preempts creditors’ state law constructive fraud claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Federal preemption, Shareholder, Fraud, Leveraged buyout, Title 11 of the US Code, Second Circuit
    Authors:
    Mark A. Broude , Matthew L. Warren
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Federal-Mogul court confirms that bankruptcy law trumps anti-assignment provisions in insurance policies
    2012-07-18

    On May 1, 2012, the United States Court of Appeals for the Third Circuit in In re Federal–Mogul Global, Inc. confirmed that anti-assignment provisions in a debtor’s insurance liability policies are preempted by the Bankruptcy Code to the extent they prohibit the transfer of a debtor’s rights under such policies to a personal-injury trust pursuant to a chapter 11 plan.In re Federal-Mogul Global Inc., --- F.3d ---, 2012 WL 1511773 (3d Cir. 2012).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Cadwalader Wickersham & Taft LLP, Federal preemption, Bankruptcy, Debtor, Third Circuit
    Authors:
    Matthew J. Oliver
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Medical marijuana: what happens in bankruptcy (not much)
    2014-11-04

    In re Arenas, 514 B.R. 887 (Bankr. D. Colo. 2014) –

    The U.S. trustee sought to dismiss “for cause” a chapter 7 case filed by a marijuana grower and his wife. The debtors countered by moving to convert to a chapter 13 case. The case turned on the impact of the federal Controlled Substances Act.

    Filed under:
    USA, Colorado, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Federal preemption, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    High-cost loan preemption: who is the lender in a table-funded loan?
    2012-11-15

    Thomas v. Citimortgage (In re Thomas), 476 B.R. 691 (Bankr. D. Mass. 2012) –

    Filed under:
    USA, Massachusetts, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Federal preemption, Debtor, Mortgage loan, Truth in Lending Act 1968 (USA)
    Location:
    USA
    Firm:
    Troutman Pepper
    Third Circuit denies summary judgment in issue of pre-emption
    2016-09-05

    On August 29, 2016, the Third Circuit released a precedential opinion (the “Opinion”) which opined on whether filing an involuntary bankruptcy petition could qualify as tortious interference under state law. The Third Circuit’s Opinion is available here. This Opinion was issued in Rosenberg v. DVI Receivables XVII, LLC, Case No. 15-2622. The District Court had ruled that the tortious interference claim was preempted by § 303(i) of the Bankruptcy Code.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Federal preemption, Bankruptcy, Tortious interference, Ninth Circuit, Third Circuit, US District Court for Eastern District of Pennsylvania
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    A Tale of Two States: Puerto Rico and Chapter 9
    2016-06-30

    Puerto Rico is in the midst of a ­financial crisis. Over the past few years, its public debt skyrocketed while its government revenue sharply declined. In order to address its economic problems and to avoid mass public-worker layoffs and cuts in public services, the unincorporated U.S. territory issued billions of dollars in face value of municipal bonds. These bonds were readily saleable to investors in the United States due to their tax-exempt status and comparatively high yields.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Duane Morris LLP, Bond (finance), Federal preemption, Tax exemption, Bankruptcy, Debtor, Debt, Investment funds, Municipal bond, US Congress, The Legal Intelligencer, SCOTUS, First Circuit
    Authors:
    Rudolph J. Di Massa, Jr. , Jarret P. Hitchings
    Location:
    Puerto Rico, USA
    Firm:
    Duane Morris LLP
    Conflicting Rulings on Preemption of State Law Fraudulent Transfer Claims by Section 546 Safe Harbor Create Uncertainty
    2016-09-27

    In Deutsche Bank Trust Co. Ams. v. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.), 818 F.3d 98 (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit held that the “safe harbor” under section 546(e) of the Bankruptcy Code for settlement payments and for payments made in connection with securities contracts preempted claims under state law by creditors to avoid as fraudulent transfers pre-bankruptcy payments made to shareholders in connection with a leveraged buyout (“LBO”) of the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Federal preemption, Second Circuit
    Authors:
    Ben Rosenblum
    Location:
    USA
    Firm:
    Jones Day
    U.S. Supreme Court Scuttles Puerto Rico’s 2014 Municipal Debt Restructuring Law
    2016-08-08

    On June 13, 2016, the U.S. Supreme Court upheld lower court rulings declaring unconstitutional a 2014 Puerto Rico law, portions of which mirrored chapter 9 of the Bankruptcy Code, that would have allowed the commonwealth’s public instrumentalities to restructure a significant portion of Puerto Rico’s bond debt (widely reported to be as much as $72 billion). In Commonwealth v. Franklin Cal. Tax-Free Tr., 2016 BL 187308 (U.S.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Jones Day, Federal preemption, Bankruptcy, Debtor, Federal Reporter, Debt, Constitutionality, Title 11 of the US Code, US Congress, SCOTUS, United States bankruptcy court, First Circuit
    Authors:
    Ben Rosenblum , Mark G. Douglas
    Location:
    Puerto Rico, USA
    Firm:
    Jones Day

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