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    SCOTUS tells the Ninth Circuit to follow the law: Section 105(a) is not a means to contravene other provisions of the Bankruptcy Code
    2014-03-05

    Stephen Law filed a chapter 7 petition in California.  His only valuable asset was his home, which he scheduled at a value of $363,348.  Washington Mutual Bank held a lien against the home to secure a loan in the amount of $156,929.  Law asserted a homestead exemption under California law of $75,000.  In order to prevent the bankruptcy trustee from selling his home, Law fabricated a second lien against his home which consumed his entire equity, and obtained the cooperation of a Chinese national named Lili Lin to assert that she was actually owed money by the debtor.&nbsp

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Supreme Court of the United States
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Sixth Circuit answers two questions of first impression in connection with motions for relief—(1) a creditor bears the burden to prove validity of its lien and (2) a trustee may allege an expired preferential transfer defensively to defeat relief from S
    2014-02-18

    The Sixth Circuit in its recent opinion in Grant, Konvalinka & Harrison, P.C. v. Still (In re McKenzie), 737 F.3d 1034 (6th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Legal burden of proof, Secured creditor, Sixth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Tenth Circuit BAP clarifies creditors’ rights to file plans in small business chapter 11 cases
    2014-02-04

    Section 1121(e)(1) of the Bankruptcy Code provides a 180-day exclusive period for a small business debtor to file a plan, unless this period is extended by the court.  Section 1121(e)(2) provides “the” plan and a disclosure statement (if any) shall be filed no later than 300 days after the order for relief.  Section 1121(e)(3) provides that the deadlines in 1121(e)(1) and (e)(2) may be extended only if the debtor demonstrates that it is more likely than not that the court will confirm a plan within a reasonable period of time.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Debtor, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Debtor required to turnover property she no longer possessed
    2014-01-27

    When a chapter 7 bankruptcy case is filed, a trustee is appointed to gather and sell the debtor’s assets.  To aid in this effort, the trustee is empowered to avoid certain transfers pursuant to Bankruptcy Code sections 544 - 550.  The trustee also is empowered, pursuant to Bankruptcy Code § 542, to seek turnover of assets belonging to the estate.  The Ninth Circuit Court of Appeals recently held that a party may be required to turnover estate property even if the party is no longer in possession of such property.  See Shapiro v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Holland & Hart LLP, Title 11 of the US Code
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Tenth Circuit finds the plain language of Sec. 548(a)(2) not so charitable and holds an entire religious tithing avoidable if it exceeds 15% of debtor’s gross annual income
    2014-01-21

    In a case of first impression at the circuit level, the Tenth Circuit Court of Appeals has held a debtor’s entire religious tithing is avoidable if it exceeds 15% of the debtor’s gross annual income, and the court did so based on its perception of the plain language of the Religious Liberty and Charitable Donation Protection Act which codified the “safe harbor” provisions of sec.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Non-profit Organizations, Holland & Hart LLP, Debtor, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Ninth Circuit holds bankruptcy courts have broad jurisdiction to construe confirmed plans and confirmation orders
    2014-01-02

    Probably the most significant bankruptcy law development in the past several years has been the narrowing of bankruptcy courts’ constitutional authority to enter final judgments.  See Stern v. Marshall, 131 S. Ct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Debtor, Subject-matter jurisdiction, US Constitution, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Tenth Circuit holds that a claim for overpayment of spousal support is dischargeable under Sec. 523(a)(5) but non-dischargeable under Sec. 523(a)(15)
    2014-01-07

    The Tenth Circuit recently analyzed the interplay between sections 523(a)(5) and 523(a)(15) of the Bankruptcy Code in connection with a judgment obtained by a former husband for overpayment of his spousal support obligations.  Eloisa Taylor, the debtor in In re Taylor, 2013 WL 6404952 (10th Cir.

    Filed under:
    USA, Family, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Federal Reporter, Alimony, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Executory Contracts Rejected In Chapter 11 Bankruptcy; How Does This Impact Midstream Providers?
    2016-03-18

    A recent bankruptcy court decision could have wide-reaching implications for pipeline operators. Judge Shelley C.

    Filed under:
    USA, New York, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Real Estate, Holland & Hart LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Steven T. Small
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Secured Creditors Beware: Ninth Circuit Holds a Chapter 13 Debtor may Avoid Liens Even if not Entitled to a Discharge
    2016-03-15

    Congress enacted § 1328(f) of the Bankruptcy Code when its passed BAPCPA. This section prohibits the granting of a chapter 13 discharge if the debtor received a chapter 7 discharge within four years prior to the commencement of his chapter 13 case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Debtor, Title 11 of the US Code, Ninth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Tenth Circuit Holds Default Judgments for Violations of Securities Laws Must be Given Preclusive Effect in Non-dischargeability Actions Under Section 523(a)(19)
    2016-03-01

    The Tenth Circuit has in the past refused to give preclusive effect in bankruptcy non-dischargeability actions brought under § 523(a)(2) to pre-petition default judgments arising from claims of actual fraud. In re Jordana, 216 F.3d 1087 (10thCir. 2000).

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Default judgment, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP

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