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    Bankruptcy Court Protects Creditors And Banks Holding Garnished Funds
    2022-02-11

    The Ninth Circuit Bankruptcy Appellate Panel (BAP) recently held that merely freezing a debtor’s bank account holding funds that had been garnished by a judgment creditor did not violate the automatic stay. This decision was based on the United States Supreme Court’s ruling last year in City of Chicago v. Fulton, holding that retention of repossessed vehicles that were possessed before a bankruptcy was filed did not violate the automatic stay.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hopkins & Carley, Supreme Court of the United States, Ninth Circuit
    Location:
    USA
    Firm:
    Hopkins & Carley
    Privacy Issues in Bankruptcy Sales
    2021-09-29

    As we move closer to a global recession caused by the current pandemic, some companies will find themselves in the unfortunate position of having to seek bankruptcy relief. This may have some important and often overlooked privacy implications. There is no question that in this day and age, one of a business’ most valuable assets is the personal information that it has collected from its customers and/or end-users – often more so than any of its tangible assets.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Hopkins & Carley, Personal data, Federal Trade Commission (USA), GDPR
    Authors:
    Céline M. Guillou , Monique Jewett-Brewster
    Location:
    USA
    Firm:
    Hopkins & Carley
    The Clock is Ticking: Bankruptcy Orders Denying Relief from the Automatic Stay are Final and Immediately Appealable
    2021-09-29

    In civil litigation, a “final decision” for purposes of appeal is normally limited to an order that resolves the entire case. In general, a ruling cannot be appealed unless it ends the litigation. A bankruptcy case, however, often encompasses many individual controversies. As the United States Supreme Court recently ruled, a bankruptcy court’s order definitively denying a creditor’s request for relief from the automatic stay is a “final decision.” Consequently, the clock on the creditor’s time to appeal starts ticking as soon as the order is entered.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hopkins & Carley, Supreme Court of the United States
    Location:
    USA
    Firm:
    Hopkins & Carley
    Supreme Court Rules That A Creditor's Mere Retention Of A Debtor's Property After A Bankruptcy Filing Is Not A Violation Of The Automatic Stay
    2021-02-23

    As we previously discussed in our Bankruptcy Bytes video series, the filing of a bankruptcy petition generally gives rise to an “automatic stay” against any attempt to exercise control over the debtor’s property, or property of the bankruptcy “estate” which comes into existence when a bankruptcy case is filed.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hopkins & Carley, Bankruptcy
    Authors:
    Ross G. Adler , Andrew Ditlevsen , Erika J. Gasaway , Sepi Ghiasvand , Marie K. Gribble , Monique Jewett-Brewster , Breck E. Milde , Liam J. O'Connor , Chuck Reed , Jay M. Ross
    Location:
    USA
    Firm:
    Hopkins & Carley
    COVID-19 Update II: The CAA Expands Protections for Debtors and Creditors in Bankruptcy
    2021-01-20

    On December 27, 2020, President Donald J. Trump signed the Consolidated Appropriations Act of 2021 (“CAA”) into law. The CAA was enacted in part to expand the economic stimulus relief provided by the Coronavirus, Aid, Relief and Economic Security Act (“CARES Act”) signed into law six months earlier. Like the CARES Act, the CAA temporarily modifies the Bankruptcy Code to provide greater protections for debtors and certain creditors in bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Hopkins & Carley, Bankruptcy, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Ross G. Adler , Andrew Ditlevsen , Erika J. Gasaway , Sepi Ghiasvand , Marie K. Gribble , Monique Jewett-Brewster , Breck E. Milde , Liam J. O'Connor , Chuck Reed , Jay M. Ross
    Location:
    USA
    Firm:
    Hopkins & Carley
    Privacy Issues in Bankruptcy Sales
    2020-05-15

    As we move closer to a global recession caused by the current pandemic, some companies will find themselves in the unfortunate position of having to seek bankruptcy relief. This may have some important and often overlooked privacy implications. There is no question that in this day and age, one of a business’ most valuable assets is the personal information that it has collected from its customers and/or end-users – often more so than any of its tangible assets.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Hopkins & Carley, Personal data, Federal Trade Commission (USA), Title 11 of the US Code, GDPR
    Authors:
    Céline M. Guillou
    Location:
    USA
    Firm:
    Hopkins & Carley
    Getting and Staying Paid: Protect Yourself from Preference Liability
    2020-05-04

    Periods of economic uncertainty, such as the COVID-19 pandemic, create challenges not only in receiving timely payment for goods, services and other debts, but in retaining payments when dealing with customers or other obligors who may be on the verge of bankruptcy. A bankruptcy filing opens the door to preference liability, which could result in the obligation to return a payment or other property received prior to the bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Hopkins & Carley, Coronavirus
    Authors:
    Ross G. Adler , Andrew Ditlevsen , Erika J. Gasaway , Sepi Ghiasvand , Marie K. Gribble , Monique Jewett-Brewster , Breck E. Milde , Liam J. O'Connor , Chuck Reed , Jay M. Ross
    Location:
    USA
    Firm:
    Hopkins & Carley
    Bankruptcy Bytes: Chapter 11 Bankruptcies
    2020-07-29

    Click here to view the video

    In the latest Bankruptcy Bytes, Jay Ross discusses the end-game for Chapter 11 Bankruptcies: reorganization plans and Disclosure Statements.

    Filed under:
    USA, Insolvency & Restructuring, Hopkins & Carley
    Authors:
    Jay M. Ross
    Location:
    USA
    Firm:
    Hopkins & Carley
    Bankruptcy Bytes: Good News! The Debtor Filed Bankruptcy
    2020-07-30

    Click here to view the video

    Steve Kottmeier explains several ways in which creditors actually may want/be helped by a bankruptcy filing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hopkins & Carley
    Location:
    USA
    Firm:
    Hopkins & Carley
    Bankruptcy Bytes: Adversary Proceedings in Bankruptcy Court
    2020-07-16

    Click here to view the video

    In our next segment of Bankruptcy Bytes, Liam O’Connor provides an introduction to how creditors can navigate Adversary Proceedings in Bankruptcy Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hopkins & Carley
    Authors:
    Liam J. O'Connor
    Location:
    USA
    Firm:
    Hopkins & Carley

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