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    Subchapter V—Fourth Circuit Rules Not a Panacea for the Dishonest Debtor
    2022-06-27

    The Bankruptcy Protector

    In 2019, Congress enacted the Small Business Reorganization Act. This legislation created a new type of Chapter 11 reorganization under which certain businesses with total debts less than a certain threshold (currently $7.5 million) could reorganize. These provisions, known as Subchapter V eliminated certain requirements for confirmation of a reorganization plan and include other changes to make small business reorganization quicker and less expensive.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, US Congress, Fourth Circuit
    Authors:
    Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Fourth Circuit Decision Clarifies Application of Exceptions to Discharge in a Subchapter V
    2022-06-13

    As discussed in prior posts and articles (here, here and

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, US Congress, Fourth Circuit
    Authors:
    William L. Norton , James Blake Bailey
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Fourth Circuit: “Fair Ground of Doubt” Standard Applies to Contempt Allegations in Chapter 11 Cases
    2022-05-13

    In June 2019, the U.S. Supreme Court issued its unanimous decision in Taggart v. Lorenzen, through which it turned to general standards governing contempt outside of bankruptcy in holding a creditor may not be found in contempt for its failure to comply with a discharge injunction when a fair ground of doubt exists as to whether the creditor’s actions are wrongful. 139 S. Ct. 1795, 1799–1804 (2019).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Supreme Court of the United States, United States bankruptcy court, Fourth Circuit, U.S. Court of Appeals
    Authors:
    Douglas M. Foley , Stephanie Jane Bentley , Jacob Matthew Weiss
    Location:
    USA
    Firm:
    McGuireWoods LLP
    4th Cir. Vacates Bankruptcy Civil Contempt Order Against Creditor, Holds Taggart Standard Applies
    2022-04-25

    The U.S. Court of Appeals for the Fourth Circuit recently held that the “no fair ground of doubt” standard established by the Supreme Court of the United States in Taggart v. Lorenzen, a case involving alleged violation of a Chapter 7 discharge order, governed civil contempt proceedings for violation of a confirmed reorganization plan under Chapter 11.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Supreme Court of the United States, Fourth Circuit, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Caselaw Update on Third Party Releases in Bankruptcy Plans
    2022-02-09

    In the Summer 2021 edition of the Restructuring Report, I wrote about legislative efforts to reform the Bankruptcy Code to place limits on the use of third party releases in bankruptcy plans of reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, US Congress, United States bankruptcy court, Fourth Circuit, US District Court for the Southern District of New York
    Authors:
    Clinton E. Cutler
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Fourth Circuit Distinguishes LLC Membership Interests from Economic Interests in a Security Agreement Conveyance
    2020-04-04

    In Wells Fargo Bank, N.A., f/b/o Jerome Guyant, IRA v. Highland Construction Management Services, L.P. et al., Nos. 18-2450-52 (4th Cir. March 17, 2020), the Fourth Circuit Court of Appeals recently upheld that a borrower’s indirect economic interests in a limited liability company (LLC) were not assigned to a lender under a conveyance in a security agreement assigning mere membership interests, pursuant to Virginia state law.

    Facts

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, FisherBroyles LLP, Fourth Circuit
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Fourth Circuit Bolsters Claims for Postpetition Attorney's Fees Incurred by Unsecured or Undersecured Creditors
    2019-06-18

    In SummitBridge Nat’l Invs. III, LLC v. Faison, 915 F.3d 288 (4th Cir. 2019), the U.S. Court of Appeals for the Fourth Circuit ruled that an unsecured or undersecured creditor may include postpetition attorney’s fees and costs as part of its allowed claim in a bankruptcy case.

    Unsecured Creditors and Postpetition Attorney’s Fees and Costs

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Fourth Circuit, U.S. Court of Appeals
    Authors:
    Andrew M. Butler
    Location:
    USA
    Firm:
    Jones Day
    Fourth Circuit Provides Relief to Chapter 13 Debtors for Some Underwater Mortgages
    2019-06-03

    In a victory for Chapter 13 debtors, the United States Court of Appeals for the Fourth Circuit recently issued a major decision that changes the way bankruptcy courts in North Carolina will deal with certain home mortgages in Chapter 13.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Ward and Smith, PA, Debtor, Fourth Circuit
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA
    Trademark Licensees’ Rights Survive Bankruptcy Rejection
    2019-05-31

    In Mission Product Holdings, the Supreme Court Endorses “Rejection-as-Breach” Rule and Interprets Broadly the Contract Rights that Survive Rejection

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Cadwalader Wickersham & Taft LLP, Bankruptcy, Fourth Circuit, Seventh Circuit, Circuit court
    Authors:
    Ingrid Bagby , Eric Waxman , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Rejection (In Bankruptcy) Does Not Spurn Trademark Licensees
    2019-05-29

    The United States Supreme Court in Mission Product Holdings, Inc. v. Tempnology, LLC (No. 17-1657) (May 20, 2019) resolved a deep circuit split and held that a licensees’ rights under trademark licenses survive a debtor-licensor’s rejection in bankruptcy, resolving an ambiguity presented in the intersection of intellectual property law and bankruptcy law that has plagued courts for decades.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Akerman LLP, Fourth Circuit
    Authors:
    Ira S. Sacks , Rachel B. Rudensky
    Location:
    USA
    Firm:
    Akerman LLP

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