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    “Engaged In” Eligibility Struggles: Chapter 12 And Subchapter V (In re Mongeau)
    2022-01-20

    “Engaged in” eligibility for Chapter 12 (farming operations) and Subchapter V (commercial or business activities) are similar-but-separate things.

    An opinion by the Kansas Bankruptcy Court shows the difficulty in addressing the “engaged in” eligibility standards in Chapter 12—even when Subchapter V opinions are consulted as analogous.

    Filed under:
    USA, Kansas, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Mediation, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Manufactured home lien: forget perfection, you need to have a lien in the first place
    2015-03-25

    Morris v. Ark Valley Credit Union (In re Gracy), 522 B.R. 686 (Bankr. D. Kan. 2015) –

    A chapter 7 trustee sought to avoid a credit union’s security interest in a manufactured home by asserting his strong arm powers as a hypothetical lien creditor based on the lender’s failure to perfect its lien. The bankruptcy court declined to avoid the lien since it held there was no lien to avoid.

    Filed under:
    USA, Kansas, Banking, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Personal property, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Proof of claim: foreign qualification requirements may be more important than you thought
    2015-01-16

    In re Flex Fin. Holding Co., 518 B.R. 891 (Bankr. D. Kan. 2014) –

    Filed under:
    USA, Kansas, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Statute of limitations
    Location:
    USA
    Firm:
    Troutman Pepper
    If it looks like a duck and quacks like a duck, then…: Kansas bankruptcy court finds car “lease” is a disguised financing based on economic realities of transaction
    2014-12-04

    When a contract looks like a lease, but operates more like a security agreement, how should the contract be treated in bankruptcy? The United States Bankruptcy Court for the District of Kansas recently considered this question in 

    Filed under:
    USA, Kansas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Loan ‘participant’ that bears no risk is neither a ‘participant’ nor a creditor
    2013-02-18

    Inre Brooke Capital Corp., 2012 WL 4793010 (Bankr. D. Kan., Oct. 5, 2012)

    Filed under:
    USA, Kansas, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Subsidiary
    Authors:
    Jeanne S. Lofgren
    Location:
    USA
    Firm:
    Reed Smith LLP
    NCUA sues UBS over $1.1 billion in RMBS sold to collapsed credit unions
    2012-09-17

    On September 6, 2012, the National Credit Union Administration Board (NCUA) sued UBS in the United States District Court for the District of Kansas.  The NCUA filed the suit in its capacity as Liquidating Agent of U.S.

    Filed under:
    USA, Kansas, Banking, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Orrick, Herrington & Sutcliffe LLP, Mortgage loan, National Credit Union Administration, UBS
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Charging order protection for multi-member and single-member LLCs
    2011-12-09

    In the course of their business, bankers routinely encounter single member limited liability companies ("SMLLCs"), entities commonly used in real estate and small businesses. Despite the prevalence of SMLLCs, there is a fundamental legal uncertainty as to whether the assets of an SMLLC share the same level of protection from its member's creditors as is provided to the assets of a multi-member LLC through the charging order remedy.

    Filed under:
    USA, Colorado, Florida, Kansas, Ohio, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Debtor, Interest, Limited liability company
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Kansas court broadens charging order against single-member LLC
    2011-12-02

    Judgment creditors of LLC members usually have the right under state law to obtain a charging order against a member’s LLC interest. A charging order mandates that any distributions by the LLC that would otherwise be made to the member be paid instead to the creditor. The charging order provides no benefit, though, if no distributions are made to the LLC’s members. And if the judgment debtor is the only member of the LLC, it’s unlikely that he or she will cause the LLC to make distributions, since those would have to go to the creditor.

    Filed under:
    USA, Kansas, Company & Commercial, Insolvency & Restructuring, Litigation, Stoel Rives LLP, Interest, Limited liability company
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Toto, We Are Staying in Kansas: Bankruptcy Court Declines to Transfer Related Case to Delaware
    2016-05-06

    Venue has long been a contentious topic highlighted by cases such as Enron and WorldCom to the more recent venue battle in Caesars. Recently, the United States Bankruptcy Court for the District of Kansas addressed this issue, and declined to transfer a pending bankruptcy case to the District of Delaware where cases involving the debtor’s indirect parent company and other affiliates were pending.

    Filed under:
    USA, Delaware, Kansas, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Enron, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    A Twist on Excusable Neglect
    2016-04-13

    Practitioners generally identify “excusable neglect” as the standard that bankruptcy courts apply in determining whether to allow a creditor’s untimely proof of claim. A creditor who lets the bar date pass finds itself in the undesirable position of having to persuade the bankruptcy court that its neglect to file a timely proof of claim was excusable.

    Filed under:
    USA, Kansas, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Debtor, United States bankruptcy court
    Authors:
    Moshe Fink
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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