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    Bankruptcy Court Holds Federal Credit Union to be Governmental Unit for Purposes of the United States Bankruptcy Code
    2021-01-06

    The United States Bankruptcy Court for the District of New Mexico recently held that a federal credit union chartered under the Federal Credit Union Act, 12 U.S.C. §§ 1752, et seq., constitutes an “instrumentality of the United States” included in the definition of a “governmental unit” under the United States Bankruptcy Code, 11 U.S.C. §§ 101, et seq. (“Bankruptcy Code”), qualifying federal credit unions for the longer 180-day deadline to file bankruptcy claims. In re Marquez, Case No. 19-10284-j7 (Bankr. D. N.M. Sept. 30, 2020).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Krieg DeVault
    Authors:
    Nancy J. Townsend , Kay Dee Baird
    Location:
    USA
    Firm:
    Krieg DeVault
    Bankruptcy Relief Provisions Contained in Consolidated Appropriations Act, 2021
    2020-12-23

    Congress passed the long-awaited Consolidated Appropriations Act, 2021 (“CAA”) December 22, 2020, which now is awaiting the President’s signature to become law. The CAA contains several COVID-19-related amendments to the United States Bankruptcy Code, 11 U.S.C. §§ 101, et seq. (“Bankruptcy Code”), which may affect creditors. The CAA’s “Bankruptcy Relief” amendments are set forth in Title X of the Act. Those amendments of greatest interest to creditors are:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Krieg DeVault, Coronavirus, CARES Act 2020 (USA)
    Authors:
    C. Daniel Motsinger
    Location:
    USA
    Firm:
    Krieg DeVault
    The Importance of Paying Attention to Notices Received in Bankruptcy Cases: Creditor Misses Proof of Claim Bar Date and Loses Claim for $2 million
    2020-11-13

    A recent decision from the United States Bankruptcy Court for the Central District of Illinois (“Court”) is a stark reminder of the importance of paying attention to notices received from bankruptcy cases and the need for creditors to consider retaining counsel to protect their interests in such cases. In In re Kevin R. Gaffney, after Kevin Gaffney (“Debtor”) filed a petition for relief under chapter 7 of the United States Bankruptcy Code, 11 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Krieg DeVault, Title 11 of the US Code
    Authors:
    Alexander E. Porter
    Location:
    USA
    Firm:
    Krieg DeVault
    The CARES Act: Creditors' Rights & Bankruptcy
    2020-03-27

    On March 25, 2020, the United States Senate – and on March 27, 2020, the United States House of Representatives – passed the “Coronavirus Aid, Relief and Economic Security Act” (“CARES Act”) to provide relief to small businesses and consumers harmed by the COVID-19 pandemic. The CARES Act is expansive in its scope, but there are important provisions lenders should know about that are related to bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Krieg DeVault, Coronavirus, US Senate, US House of Representatives, CARES Act 2020 (USA)
    Authors:
    C. Daniel Motsinger
    Location:
    USA
    Firm:
    Krieg DeVault
    Seventh Circuit Confirms that the Bankruptcy Code Expressly Subordinates a Seller's Reclamation Claim to the Prior Rights of a Secured Creditor
    2020-02-20

    In Whirlpool Corp. v. Wells Fargo Bank, National Association (In re hhgregg, Inc.), (7th Cir. Feb. 11. 2020), the United States Court of Appeals for the Seventh Circuit held that the current enactment of the United States Bankruptcy Code (the “Bankruptcy Code”), specifically 11 U.S.C. §546(c), expressly subordinates a seller’s reclamation claim to the prior rights of a lienholder. This is good news for secured lenders.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Krieg DeVault, Seventh Circuit
    Authors:
    C. Daniel Motsinger
    Location:
    USA
    Firm:
    Krieg DeVault
    New Bankruptcy Code Amendments Change Legal Landscape for Creditors
    2019-09-09

    On Friday, August 23, 2019, the President signed into law the first major amendments to the United States Bankruptcy Code since 2005. These promise to change the legal landscape for creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Krieg DeVault, Debtor, Due diligence, Title 11 of the US Code
    Authors:
    C. Daniel Motsinger
    Location:
    USA
    Firm:
    Krieg DeVault
    Are You A "Health Care Business" for Bankruptcy Purposes?
    2019-05-02

    The day any enterprise starts contemplating a bankruptcy filing never is a happy one. If the enterprise is in the health care industry, added anxiety can arise over whether it qualifies as a “health care business” under the United States Bankruptcy Code. Among other provisions applicable to a “health care business” in bankruptcy, the Bankruptcy Code requires the appointment of a patient care ombudsman (“PCO”) when a health care business becomes a debtor in a bankruptcy case.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Krieg DeVault
    Authors:
    C. Daniel Motsinger , Kay Dee Baird
    Location:
    USA
    Firm:
    Krieg DeVault
    Court Determines Debtor's Correct Name on Driver's License for UCC-1 Financing Statement
    2018-03-06

    On February 1, 2018, the US Bankruptcy Court for the Southern District of Georgia in In re: Kenneth R. Pierce found that the printed name on the debtor’s driver’s license was the name that was important for Uniform Commercial Code (UCC) security interest perfection purposes (No. 17–60154–EJC, 2018 WL 679677 (Bankr. S.D. Ga. Feb. 1, 2018)).   

    Filed under:
    USA, Georgia, Banking, Insolvency & Restructuring, Litigation, Krieg DeVault, Debtor, Uniform Commercial Code (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Krieg DeVault

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