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    Recent Developments in Bankruptcy Law, October 2019
    2019-10-30

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    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jenner & Block LLP
    Location:
    USA
    Firm:
    Jenner & Block LLP
    California to Limit How Much Judgment Creditors Can Garnish from Bank Accounts
    2019-10-30

    On October 7, California Governor Gavin Newsome signed SB 616 into law. This new law, which goes into effect on September 1, 2020, includes changes to California law regarding garnishments.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor
    Authors:
    Jared D. Bissell , David M. Gettings , Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    Midstream Companies Have Renewed Hope: Running-with-the-Land Oil and Gas Dedication Survives a Bankruptcy Challenge, Offering Precedent in Contra to Sabine
    2019-10-18

    The oil and gas industry in the United States is highly dependent upon an intricate set of agreements that allow oil and gas to be gathered from privately owned land. Historically, the dedication language in oil and gas gathering agreements — through which the rights to the oil or gas in specified land are dedicated — was viewed as being a covenant that ran with the land. That view was put to the test during the wave of oil and gas exploration company bankruptcies that began in 2014.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, A&O Shearman, United States bankruptcy court
    Authors:
    Fredric Sosnick , Solomon J. Noh , Joel Moss , Ned S. Schodek , Luckey McDowell , Ian E. Roberts , Sarah McLean
    Location:
    USA
    Firm:
    A&O Shearman
    CFPB report examines bankruptcy trends
    2019-10-01

    On September 25, the CFPB released the latest quarterly consumer credit trends report, which examines how the volume and types of bankruptcy filings have changed from 2001 to 2018.

    Filed under:
    USA, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Consumer Financial Protection Bureau (USA)
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    syncreon’s Financial Restructuring Implemented by Landmark English Schemes of Arrangement with Parallel Chapter 15 and CCAA Recognition
    2019-10-01

    syncreon Group Holdings B.V. (the “Company” and together with its subsidiaries, “syncreon”) completed its landmark financial restructuring today. As has been widely reported, syncreon’s reorganization is perhaps the first-ever use of an English scheme to restructure debt issued by a U.S.-based global enterprise. This also appears to be the first time that CCAA recognition of an English scheme has been granted.

    The Restructuring

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Matt Barr , Andrew Wilkinson , Mark Lawford
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    CFPB Releases its Report Examining Consumer Bankruptcy Trends from 2001 to 2018
    2019-10-07

    The Consumer Financial Protection Bureau published its quarterly consumer credit trends report on September 25. In the Report, the CFPB gave an in-depth look at bankruptcy trends and the impact of filing for the period 2001-2018, which includes the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act (“BAPCPA”) and the Great Recession.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Debtor, Consumer Financial Protection Bureau (USA), Title 11 of the US Code
    Authors:
    Jared D. Bissell , David M. Gettings
    Location:
    USA
    Firm:
    Troutman Pepper
    No Right, No Power, No Claim: Anti-Assignment Provision Voids Claim Trader’s Proof of Claim
    2019-10-07

    On September 11, 2019, the Delaware district court affirmed the bankruptcy court’s decision to expunge a proof of claim filed by a claims trader in the Woodbridge Group of Companies, LLC bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    7th Cir. Holds UCC Financing Statement May Incorporate List of Collateral by Reference
    2019-10-07

    The U.S. Court of Appeals for the Seventh Circuit recently reversed a bankruptcy court’s ruling that a lender failed to perfect its security interest because its UCC financing statement failed to provide sufficient indication of the secured collateral under Article 9 of the Uniform Commercial Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Collateral (finance), Seventh Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Close Enough: Fifth Circuit Holds That Section 510(B) of the Bankruptcy Code Requires Subordination of Payments That “Look a Lot like” Dividends
    2019-10-10

    In 1930, Clarence Bennett’s wealthy uncle died. He left behind shares in Berry Holding Company ("BHC") that were subdivided into three groups. Bennett was the beneficiary of dividends paid out of one of these groups and, for many years, received his share of dividends from BHC. In 1986, BHC became Berry Petroleum Company ("BPC"), a publicly traded company, and Bennett’s interest changed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Debtor, Title 11 of the US Code, Fifth Circuit
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Appointing a Future Claims Representative: Recent Developments
    2019-10-11

    A New Jersey District Court recently addressed several issues in connection with the appointment of a future claims representative (“FCR”). In light of the recent increase in mass-tort bankruptcy cases, exploring these issues is timely.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Dechert LLP

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