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    Navigating Asset Tracing Challenges in Bankruptcy
    2023-12-11

    This article originally appeared on Law360.

    The uptick in bankruptcy cases will mean more work for insolvency professionals who specialize in asset tracing. Some of the most interesting work will arise in cases where companies engaged in significant fraud.

    Each bankruptcy cycle has these cases. In 2001, Enron Corp. filed for bankruptcy. In 2008, there was Bernie Madoff. The latest example is FTX Trading Ltd.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Insolvency, FTX, Supreme Court of the United States, Fourth Circuit, U.S. Court of Appeals
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Standing Room Only: SCOTUS Accepts Review of Circuit Split on Whether Insurer is a Party in Interest in Policyholder’s Bankruptcy
    2023-11-13

    The United States Supreme Court recently accepted review of In re Kaiser Gypsum Co., Inc., 60 F.4th 73 (4th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Hunton Andrews Kurth LLP, Supreme Court of the United States, Fourth Circuit
    Authors:
    Michael S. Levine , S. Alice Weeks
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Fourth Circuit Holds that Mootness Does Not Bar Bankruptcy Court Jurisdiction
    2023-10-05

    Federal law assigns to U.S. district courts original jurisdiction over all cases under Title 11 (the Bankruptcy Code) and all civil proceedings arising under Title 11 or arising in or relating to Title 11. See 28 U.S.C. § 1334(a), (b). Federal law permits each U.S. district court to refer such cases and civil proceedings to bankruptcy courts, and district courts generally do so. But bankruptcy courts, unlike district courts, are not courts under Article III of the Constitution, and are therefore constrained in what powers they may constitutionally exercise.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Supreme Court of the United States, United States bankruptcy court, Fourth Circuit
    Authors:
    Daniel A. Lowenthal , Jonah Wacholder
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Supreme Court Supports Standing for Insurers in Chapter 11 Bankruptcy Cases
    2024-06-06

    This morning, the Supreme Court decided Truck Insurance Exchange v. Kaiser Gypsum Co., which clarifies that any party with a "direct financial stake in the outcome" of a reorganization has standing as a "party in interest" to object to a Chapter 11 plan. 11 U.S.C. 1109(b). Writing for a unanimous Court, Justice Sotomayor held that the debtor's insurer has standing to object even if the plan purports to preserve the insurer's legal rights and thus is said to be "insurance neutral."

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Supreme Court of the United States, Fourth Circuit
    Authors:
    Zack Tripp , Joshua Wesneski , Shai Berman
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    U.S. Supreme Court: Debtors’ Insurance Company Has Standing to Be Heard in Chapter 11 Proceeding
    2024-06-12

    The U.S. Supreme Court held last week in Truck Insurance Exchange v. Kaiser Gypsum Co. that an insurance company with financial responsibility for bankruptcy claims is a “party in interest” with the right to object to a Chapter 11 reorganization plan.

    Section 1109(b) of the Bankruptcy Code provides:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Supreme Court of the United States, Fourth Circuit
    Authors:
    Mark A. Platt , J. Kendrick Wells, IV
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    FERC v. Powhatan Energy Fund, LLC Saga Ends With Default Judgment Against Powhatan Energy Fund
    2023-03-30

    On March 22, 2023, the U.S. District Court for the Eastern District of Virginia (Court) granted the Federal Energy Regulatory Commission’s (FERC) Motion for Default Judgment and entered a default judgment against Powhatan Energy Fund, LLC (Powhatan Energy Fund). The Court awarded FERC $3,465,108 in disgorgement and $16,800,000 in civil penalties.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Sidley Austin LLP, FERC, United States bankruptcy court, Fourth Circuit, US District Court for Eastern District of Virginia
    Authors:
    Kenneth W. Irvin , Terence T. Healey , Christopher J. Polito , Casey Khan , Keturah A. Brown
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Supreme Court Confirms Nondischargeability of Debts Obtained by Fraud
    2023-02-27

    In a unanimous decision handed down on Feb. 22, 2023, the Supreme Court reinforced one of the Bankruptcy Code’s important creditor protections. In Bartenwerfer v. Buckley, No. 21-908, 598 U.S. ___ (2023), the Court confirmed, in an opinion authored by Justice Barrett, that the Bankruptcy Code bars the discharge by individual debtors of debts fraudulently obtained by the debtor’s agent or business partner.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Fraud, US Congress, Supreme Court of the United States, Fourth Circuit
    Authors:
    Adam Herring
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    SCOTUS Grants Certiorari, Remands U.S. Trustee Fee Dispute to Second Circuit
    2022-10-31

    The ramifications of uneven increases to fees in chapter 11 bankruptcies continue to ripple through federal courts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, US Congress, Supreme Court of the United States, Fourth Circuit
    Authors:
    Maxwell K. Weiss , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Supreme Court Invalidates Chapter 11 Fee Scheme
    2022-07-28

    We have previously written about Siegel v. Fitzgerald, No. 21-441, the Supreme Court case considering the question of whether the 2018 difference in fees between Bankruptcy Administrator judicial districts and U.S. Trustee judicial districts was consistent with the Constitution’s uniformity requirement for bankruptcy laws.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Federal judiciary of the United States, US Department of Justice, US Congress, Supreme Court of the United States, Fourth Circuit
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Maryland Legal Alert - July 2022
    2022-07-07

    In This Issue:

    Filed under:
    USA, Maryland, Banking, Competition & Antitrust, Insolvency & Restructuring, Litigation, Gordon Feinblatt LLC, Corporate governance, Debtor, Mortgage loan, Consumer Financial Protection Bureau (USA), Fair Debt Collection Practices Act 1977 (USA), Fourth Circuit
    Authors:
    Bryan M. Mull , Christopher R. Rahl
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC

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