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    High Court Tightens Section 546(e) Safe Harbor for Securities Transaction Payments
    2018-03-07

    The U.S. Supreme Court issued a highly anticipated ruling resolving a long-standing circuit split over the scope of the Bankruptcy Code's "safe harbor" provision exempting certain securities transaction payments from avoidance as fraudulent transfers. In Merit Management Group LP v. FTI Consulting Inc., the unanimous Court held that section 546(e) of the Bankruptcy Code does not protect transfers made through a financial institution to a third party regardless of whether the financial institution had a beneficial interest in the transferred property.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, High Court of Justice
    Authors:
    Bruce Bennett , Brad B. Erens , Charles M. Oellermann
    Location:
    USA
    Firm:
    Jones Day
    Ninth Circuit Reverses Course on Measure of Collateral Value in Cramdown Confirmation of Chapter 11 Plan
    2017-10-02

    In First Southern Nat’l Bank v. Sunnyslope Hous. LP (In re Sunnyslope Hous. LP), 2017 BL 216965 (9th Cir. June 23, 2017), the U.S. Court of Appeals for the Ninth Circuit held en banc that, in determining whether a chapter 11 plan may be confirmed over the objection of a secured creditor, the creditor’s collateral must be valued in accordance with the debtor’s intended use of the property, even if the property would realize more in a foreclosure sale because of the existence of restrictive covenants.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit
    Location:
    USA
    Firm:
    Jones Day
    Supreme Court Rules That Filing Bankruptcy Claim on Time-Barred Debt Does Not Violate FDCPA
    2017-08-11

    In Midland Funding, LLC v. Johnson, No. 16-348, 2017 BL 161314 (U.S. May 15, 2017), the U.S. Supreme Court ruled that a credit collection agency does not violate the Fair Debt Collection Practices Act ("FDCPA") when it files a claim in a bankruptcy case to collect on a debt which would be time-barred in another court.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Statute of limitations, Fair Debt Collection Practices Act 1977 (USA), Eleventh Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    From the Top: U.S. Supreme Court to Hear Case on Scope of Section 546(e)'s Safe Harbor
    2017-05-01

    On May 1, 2017, the U.S. Supreme Court agreed to hear Merit Management Group v. FTI Consulting, No. 16-784, on appeal from the U.S. Court of Appeals from the Seventh Circuit. See FTI Consulting, Inc. v. Merit Management Group, LP, 830 F.3d 690 (7th Cir. 2016) (a discussion of the Seventh Circuit's ruling is available here).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Fraud, Federal Reporter, Commodity, Title 11 of the US Code, US Congress, US Senate, US House of Representatives, SCOTUS, Seventh Circuit, Tenth Circuit
    Authors:
    Bruce Bennett , Brad B. Erens , Dan T. Moss
    Location:
    USA
    Firm:
    Jones Day
    Administrative Claim May Be Set Off Against Preference Liability
    2017-01-27

    In Official Comm. of Unsecured Creditors of Quantum Foods, LLC v. Tyson Foods, Inc. (In re Quantum Foods, LLC), 554 B.R. 729 (Bankr. D. Del. 2016), a Delaware bankruptcy court held in a matter of apparent first impression that a creditor’s allowed administrative expense claim may be set off against the creditor’s potential liability for a preferential transfer. The ruling is an important development for prepetition vendors that continue to provide goods or services to a bankruptcy trustee or chapter 11 debtor-in-possession.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, United States bankruptcy court, Tenth Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Proposed Amendments to Bankruptcy Rules and Forms
    2016-09-27

    The Judicial Conference Advisory Committee on Bankruptcy Rules has proposed amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and the Official Bankruptcy Forms and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, Advisory Committee reports, and other information are posted on the Judiciary’s website.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Corporate and Business Rescue in Australia: Insolvency Law Reform Process Continues as Government Releases Proposals Paper
    2016-05-12

    Background

    On 7 December 2015, the Australian Government released its "National Innovation and Science Agenda" ("Agenda"). In the Agenda, the Government outlined its intention to make three significant reforms to Australia's insolvency laws, adopting the recommendations of the Productivity Commission ("Commission") in its report, "Business Set-Up, Transfer and Closure" ("Report"), released on the same day as the Agenda:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Katie Higgins , Roger Dobson
    Location:
    Australia
    Firm:
    Jones Day
    The Year in Bankruptcy: 2015
    2016-02-01

    The world’s second-largest economy (China) stumbled; Japan receded; the U.K. showed signs of life; the war-torn Middle East reeled; oil revenue-dependent Russia, Brazil, and Venezuela took body blows; and the European Union exhaled after narrowly avoiding Grexit (and possibly Brexit), only to confront a refugee crisis of alarming (and expensive) proportions, as well as a demonstrated terrorist threat from the self-proclaimed Islamic State.

    A Good Year for the U.S.

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    Global, USA
    Firm:
    Jones Day
    Macron Law modifies French insolvency law
    2015-09-15

    On August 6, 2015, France adopted legislation named after the French Minister of Economy, Emmanuel Macron (“Macron Law”), that is designed to promote economic growth, activity, and equal opportunity. What follows is a brief summary of the principal reforms to French insolvency law introduced by the Macron Law. As discussed in more detail below, these measures include the creation of specialized insolvency courts for large cases and the introduction of rules and procedures that permit “cramdown” of shareholder interests in French reorganization proceedings.

    Filed under:
    France, Insolvency & Restructuring, Jones Day, Shareholder, Debtor
    Authors:
    Laurent Assaya
    Location:
    France
    Firm:
    Jones Day
    Credit bidding alert: Fifth Circuit rules that inaction results in waiver of right to credit bid
    2015-05-28

    Even after the U.S. Supreme Court in RadLAX Gateway Hotel, LLC v. Amalgamated Bank, 132 S. Ct. 2065 (2012), pronounced in no uncertain terms that a secured creditor must be given the right to “credit bid” its claim in a bankruptcy sale of its collateral, the controversy over restrictions on credit bidding continues in the courts. A ruling recently handed down by the Fifth Circuit Court of Appeals has added a new wrinkle to the debate. InBaker Hughes Oilfield Operations, Inc. v. Morton (In re R.L. Adkins Corp.), 2015 BL 116996 (5th Cir. Apr.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Credit (finance), Secured creditor, Title 11 of the US Code, Fifth Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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