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    Recent Developments in Bankruptcy Law, July 2021
    2021-07-28

    . The debtor did not notify a tort claimant of his chapter 11 filing. The claimant filed an action against the debtor after the bankruptcy filing. The debtor did not respond, and the claimant obtained a default judgment. The debtor’s case was dismissed for failure to prosecute. Later, the debtor filed a second chapter 11 case, which was converted to chapter 7. The claimant sought retroactive stay r

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Recent Developments in Bankruptcy Law, April 2021
    2021-04-30

    The debtor violated numerous state court orders in actions to recover amounts he misappropriated. The state court held him in contempt and imposed monetary sanctions and ordered him to stop managing property he did not own and to turnover proceeds from the illegal management. The debtor filed his bankruptcy petition the day before a state court hearing on sentencing the debtor to jail for contempt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Recent Developments in Bankruptcy Law, January 2021
    2021-01-27

    The city impounded the debtor’s vehicle for nonpayment of traffic fines. The debtor filed a chapter 13 petition and demanded turnover of the car. Section 362(a)(3) stays any act to “exercise control over property of the estate.” Section 542(a) requires one in possession of property of the estate to deliver it to the trustee. The most natural reading of section 362(a)(3) is that it prohibits affirmative acts that alter the status quo and does not impose an affirmative obligation on a party holding property of the estate to turn it over. Section 542(a) performs that function.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Corporate governance
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Recent Developments in Bankruptcy Law, July 2020
    2020-07-31

     The receivership debtors ran a Ponzi scheme. Acting under the state Uniform Fraudulent Transfer Act, the receiver sued the debtors’ bank to avoid bank deposits as transfers made with actual intent to hinder, delay, or defraud creditors. The UFTA defines “transfer” as any mode, direct or in

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jenner & Block LLP
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Recent Developments in Bankruptcy Law, October 2020
    2020-11-04

    As part of a complex series of related transactions, the debtor entered into a note purchase agreement with an investment bank. The agreement specifically disclaimed that the bank was acting as the debtor’s agent or owed the debtor any fiduciary duty. The note proceeds were to be used to pay the debtor’s shareholders to purchase their shares. The investment bank paid the proceeds directly to the shareholders. The trustee sought to avoid the payment as a fraudulent transfer.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Scottish Lion: UK court permits solvent scheme to proceed to merits hearing over U.S. policyholder objections
    2010-02-16

    For nearly a year, the Scottish Lion Insurance Company, Limited ( “Scottish Lion”), an insurance company that wrote coverage in the London insurance market, has been litigating with its creditors (policyholders), including many U.S. creditors, to permit it to enter into what is known under U.K. law as a solvent scheme of arrangement. A Scottish appellate court recently ruled in favor of Scottish Lion on a preliminary question of whether such a scheme could be sanctioned under U.K. law despite opposition from a minority of U.S.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Insurance, Litigation, Jenner & Block LLP, Liability (financial accounting), Voting, Precondition, Majority opinion, Supreme Court of the United States, Court of Session
    Authors:
    Brian S. Scarbrough
    Location:
    United Kingdom, USA
    Firm:
    Jenner & Block LLP
    U.K. court protects U.S. policyholders by rejecting solvent scheme
    2010-01-07

    At the urging of U.S. policyholders, a Scottish court recently rejected a Scottish insurance company’s efforts to close its books and avoid full liability for long-tail claims when the insurance company is solvent and entirely capable of paying claims.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Insurance, Litigation, Jenner & Block LLP, Liability (financial accounting), Liquidation, Voting, Liability insurance, Dissenting opinion, Majority opinion, Court of Session
    Authors:
    Brian S. Scarbrough
    Location:
    United Kingdom
    Firm:
    Jenner & Block LLP
    Recent Developments in Bankruptcy Law, January 2020
    2020-01-29

    FERC proceeding to restrict rejection of a power purchase agreement may be subject to the automatic stay. The debtor had entered into several agreements to purchase power it no longer needed because its reorganization contemplated its exit from the business of selling electricity at retail. The contracts constituted a minimal portion of the debtor’s power contracts and were an insignificant portion of the power market.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Debtor, FERC, United States bankruptcy court
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Federal Court Upholds Client’s Arbitration Agreement, Finds It Is Enforceable and Not in Conflict with Bankruptcy Code
    2019-12-23

    In a recent decision, a bankruptcy court in Georgia enforced the arbitration agreement contained in a South Carolina consumer loan, holding that it is valid and enforceable, and that enforcement of it did not create an inherent conflict with the purposes of the Bankruptcy Code. 

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Debtor, Federal Arbitration Act 1926 (USA)
    Authors:
    Andrew W. Vail , Landon S. Raiford , Kevin J. Murphy
    Location:
    USA
    Firm:
    Jenner & Block LLP
    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

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