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    New Mexico Court Enjoins SBA from Denying PPP Relief to Debtor in Bankruptcy
    2020-05-13

    On May 1, 2020, the United States Bankruptcy Court for the District of New Mexico ruled in favor of the Roman Catholic Church of the Archdiocese of Santa Fe (Archdiocese) granting a temporary injunction against the Small Business Administration (SBA) that had rejected the Archdiocese’s application for a Paycheck Protection Program (PPP) Loan under the CARES Act.

    Filed under:
    USA, New Mexico, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Coronavirus, Paycheck Protection Program, Small Business Administration (USA), CARES Act 2020 (USA)
    Authors:
    Thomas Balmat
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Risky Business: Uncertain Outcomes for Application of Bankruptcy Code 365
    2020-07-08

    Ability of a debtor to assume, assign, or reject oil and gas “leases” under section 365 of the Bankruptcy Code

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Title 11 of the US Code
    Authors:
    Chris LeCates
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Uncertain Outcomes for Application of Bankruptcy Code Section 365
    2020-07-07

    Introduction

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Holland & Hart LLP, Bankruptcy, Title 11 of the US Code
    Authors:
    Chris LeCates
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Rejection of Gathering Agreements in Bankruptcy Affirmed by Second Circuit in Sabine Oil & Gas
    2018-06-04

    On May 25, 2018, the United States Court of Appeals for the Second Circuit confirmed in re Sabine Oil & Gas Corp.1 that a midstream gathering agreement did not create a real covenant that ran with the land,2 and therefore, a debtor may reject the agreement as an “executory contract” under section 365 of the Bankruptcy Code.3

    Filed under:
    USA, Insolvency & Restructuring, Holland & Hart LLP, Bankruptcy, Supreme Court of the United States
    Authors:
    Matthew J. Ochs , Stephanie Edinger
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Delaware Bankruptcy Court Holds LLC Operating Agreement Provisions Placing Sole Power in the Company’s Lender to Prevent a Bankruptcy Filing are Void as Against Public Policy
    2016-09-13

    In an important decision for debtors and creditors alike, the United States Bankruptcy Court for the District of Delaware has ruled that provisions in a limited liability company operating agreement, granting the company’s lender absolute power to prevent the company from filing a bankruptcy petition are unenforceable as against public policy. In re: Intervention Energy Holdings, LLC, 2016 WL 3185576 (Bankr. D. Del. 2016).

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Holland & Hart LLP, United States bankruptcy court
    Authors:
    Engels Tejeda
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Buyer Beware: a Sale “Free and Clear” is not Free and Clear of Claims Whose Holders Were not Provided Notice of the Sale Hearing
    2016-08-16

    The Second Circuit’s recent opinion in The Matter of: Motors Liquidation Company, 2016 WL 3766237 (2nd Cir. 2016) should give pause to all buyers of assets from bankruptcy estates.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Debtor, Federal Reporter, Due process, Remand (court procedure), Prejudice, Fifth Amendment, General Motors, Due Process Clause, Eighth Circuit, Second Circuit, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Eleventh Circuit Reaffirms its Prior Ruling that Debt Collectors who File Time-Barred Proofs of Claim are Subject to Liability Under the Fair Debt Collections Practices Act, and Further Concludes its Holding does not Place the FDCPA in Conflict with the B
    2016-08-02

    In 2014 the Eleventh Circuit held that a debt collector violates the Fair Debt Collections Practices Act when it filed a proof of claim in a chapter 13 case on a debt that it knows to be time-barred. Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Circ. 2014).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Federal preemption, Bankruptcy, Debtor, Statute of limitations, Federal Reporter, Debt, Collection agency, Unconscionability, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Eleventh Circuit Holds Bankruptcy Rules Applicable to Matters on Which the Reference has been Withdrawn to the U.S. District Court
    2016-07-19

    When an adversary proceeding is transferred to the district court pursuant to a withdrawal of the reference, which rules—and deadlines—apply: those contained within the Federal Rules of Civil Procedure, or those contained within the Federal Rules of Bankruptcy Procedure? The Eleventh Circuit recently held the Federal Rules of Bankruptcy Procedure, not the Federal Rules of Civil Procedure, govern adversary proceedings before the district courts. Rosenberg v. DVI Receivables XIV, LLC, 2016 WL 1392642 (11th Cir. 2016).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Punitive damages, Bankruptcy, Federal Reporter, US Code, United States bankruptcy court, Eleventh Circuit, Third Circuit, Fourth Circuit, Seventh Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Supreme Court Expands Creditors’ by Allowing Denial of a Discharge Under Sec. 523(a)(2)(A) if Debtor Transfers Assets in Violation of State Fraudulent Transfer Statute
    2016-06-21

    Section 523(a)(2)(A) of the Bankruptcy Code allows a creditor to obtain a judgment denying its debtor a discharge of debts incurred by false pretenses or actual fraud. However, if the debt itself was not incurred by actual fraud, but the debtor subsequently transfers his assets with the intent prevent its creditors from obtaining payment, may the creditor still obtain a judgment denying the debtor’s discharge under § 523(a)(2)(A)?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Holland & Hart LLP, Shareholder, Credit (finance), Debtor, Fraud, Debt, Misrepresentation, Common law, Bankruptcy discharge, Supreme Court of the United States, Fifth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Lenders Beware: Make Sure Your Borrower’s Organizational Documents’ Blocking Director Provisions Comply With State Law
    2016-06-07

    Many lenders attempt to render their borrower bankruptcy remote by requiring the borrower to have on its board a director, known as a “blocking director,” whose consent is required for any bankruptcy filing. However, in doing so, the lender needs to make sure the organizational documents which impose this condition on the buyer comply with requirements of the law of the state in which the borrower is organized. If they don’t, a lack of the blocking director’s consent may not prevent the borrower from filing bankruptcy.

    Filed under:
    USA, Illinois, Michigan, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Debtor, Limited liability company
    Location:
    USA
    Firm:
    Holland & Hart LLP

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