Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    8th Cir. Rejects Conversion Claims by Decedent’s Estate Against Bank for Lack of Standing
    2023-11-06

    The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of several conversion claims brought by the estate of a deceased account holder against a bank, holding that one of the conversion claims was time-barred, and that the estate did not have standing to pursue the remaining conversion claims as the alleged injury was not fairly traceable to the bank.

    A copy of the opinion in Muff v. Wells Fargo Bank NA is available at: Link to Opinion.

    Filed under:
    USA, Iowa, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Eighth Circuit
    Authors:
    Jacob C. VanAusdall
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Bad Faith Bankruptcy Filing & Dismissal: An Illustration (In re Obstetric and Gynecologic Associates)
    2023-05-04

    Dismissal of a bankruptcy—for bad faith filing—is a rarity.

    So, how a bankruptcy court grapples with the bad faith issue . . . and ends up dismissing the bankruptcy . . . can provide a lesson for us all.

    What follows is a summary of how a Chapter 11 bankruptcy is dismissed when the Court is convinced that the bankruptcy is intended for the benefit of a non-debtor . . . and not for the benefit of the debtor or its creditors.

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Iowa Legislature Introduces Asbestos Litigation Reforms
    2017-09-12

    I. Overview

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Personal Injury, K&L Gates LLP, Bankruptcy, United States bankruptcy court
    Authors:
    Amy Ream
    Location:
    USA
    Firm:
    K&L Gates LLP
    Back to Square One … Eighth Circuit Bankruptcy Appellate Panel Reverses Motion to Dismiss Bankruptcy Case Based on Reversal of Three Year Old Ruling
    2016-07-25

    We have written on other occasions on Civic Partners Sioux City, LLC.

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Limited liability company, Debt, Consent, Mortgage loan, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Authors:
    Brenda L. Funk
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Provider preparedness in the wake of CoOportunity health's liquidation
    2015-03-18

    On March 2, 2015, the Iowa District Court for Polk County entered a Final Order of Liquidation against CoOportunity Health, Inc. ("CoOportunity") after previously placing CoOportunity under a rehabilitation order. 

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Jones Day, Liquidation
    Authors:
    Lisa G. Han , John M. Kirsner , David T. Morris
    Location:
    USA
    Firm:
    Jones Day
    Where’s the Beef? (part I)
    2014-10-29

    The question “Where’s the Beef?” is typically associated with the famous Wendy’s television commercial from 1984 and its lovable actress, Clara Peller. But the recent decision in the chapter 7 case of a national meat processor had an avoidance action defendant asking, “Where’s the Beef … (with me)?” after the debtor’s chapter 7 trustee attempted to avoid over $5 million in transfers made by the debtor to the defendant prepetition.

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Where’s the beef? (part II)
    2014-10-30

    This is the second of two posts on Saracheck v. Crown Heights House of Glatt, Inc., a recent decision from the Bankruptcy Court for the Northern District of Iowa regarding an avoidance action against food distributor, Crown Heights House of Glatt, Inc.

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    8th Cir. Rejects Conversion Claims by Decedent’s Estate Against Bank for Lack of Standing
    2023-11-06

    The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of several conversion claims brought by the estate of a deceased account holder against a bank, holding that one of the conversion claims was time-barred, and that the estate did not have standing to pursue the remaining conversion claims as the alleged injury was not fairly traceable to the bank.

    A copy of the opinion in Muff v. Wells Fargo Bank NA is available at: Link to Opinion.

    Filed under:
    USA, Iowa, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Eighth Circuit
    Authors:
    Jacob C. VanAusdall
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Bad Faith Bankruptcy Filing & Dismissal: An Illustration (In re Obstetric and Gynecologic Associates)
    2023-05-04

    Dismissal of a bankruptcy—for bad faith filing—is a rarity.

    So, how a bankruptcy court grapples with the bad faith issue . . . and ends up dismissing the bankruptcy . . . can provide a lesson for us all.

    What follows is a summary of how a Chapter 11 bankruptcy is dismissed when the Court is convinced that the bankruptcy is intended for the benefit of a non-debtor . . . and not for the benefit of the debtor or its creditors.

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Where’s the beef? (part II)
    2014-10-30

    This is the second of two posts on Saracheck v. Crown Heights House of Glatt, Inc., a recent decision from the Bankruptcy Court for the Northern District of Iowa regarding an avoidance action against food distributor, Crown Heights House of Glatt, Inc.

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

    Pagination

    • Current page 1
    • Page 2
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days