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    Bankruptcy court rules CERCLA claims fall outside estate
    2011-05-27

    A bankruptcy court in Delaware has ruled that a debtor’s CERCLA claims are “non-core” claims that fall outside the administration of the estate in bankruptcy. NEC Holdings Corp. v. Linde LLC, No. 10-11890 (Bankr. D. Del.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Shook Hardy & Bacon LLP, Bankruptcy, Debtor, Limited liability company, Delaware Supreme Court, United States bankruptcy court
    Authors:
    David Erickson , Mark D. Anstoetter
    Location:
    USA
    Firm:
    Shook Hardy & Bacon LLP
    U.S. has no authority to issue writ of garnishment against assets of company in which judgment debtor invested
    2011-05-27

    UNITED STATES OF AMERICA v. ROGAN (May 12, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Medicare, Medicaid, Fraud, Interest, Limited liability company, Vacated judgment, Liquidation, Remand (court procedure), Writ
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Collateral-order doctrine utilized in a case of first impression; court affirms broad equitable powers of a receiver
    2011-06-15

    Securities and Exchange Commission v. Wealth Management, LLC, et al., 628 F.3d 323 (7th Cir. 2011)  

    CASE SNAPSHOT

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Reed Smith LLP, Collateral (finance), Security (finance), Market liquidity, Federal Reporter, Limited liability company, Hedge funds, Life insurance, Limited partnership, Bond credit rating, Pro rata, US Securities and Exchange Commission, Seventh Circuit
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Priming lien approved: new loan use would benefit the estate + debtor’s sizable equity cushion = adequate assurance
    2011-06-15

    In re Olde Prairie Block Owner, LLC, Bankr. No. 10B22668 (Bankr. N.D. Ill. March 11, 2011)  

    CASE SNAPSHOT

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Credit (finance), Debtor, Unsecured debt, Tax credit, Property tax, Limited liability company, Debt, Foreclosure, Default (finance), Secured loan, United States bankruptcy court
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Unauthorized transfer and deed of trust in LLC property is void, lender loses its security
    2011-06-24

    A theme running through many apparent-authority cases is the question of who loses: for example, the LLC whose property was used to secure unauthorized, personal borrowings by a member or manager, or the bank that in good faith made the loan to the malefactor? Often the recipient of the funds has used the money for personal matters and is essentially judgment proof.

    Filed under:
    USA, Mississippi, Banking, Insolvency & Restructuring, Litigation, Real Estate, Stoel Rives LLP, Bankruptcy, Debtor, Limited liability company, Deed, Good faith, Conveyancing, Deed of trust (real estate), United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Decision in Tweeter Opco once again reminds trustees of the specificity requirement in pleading preference actions
    2011-06-30

    Summary

    In an 11 page opinion published June 14, 2011, Judge Walrath ruled that a Chapter 7 Trustee’s lack of specificity in pleading a preference action was grounds for dismissal under FRCP 12(b)(6). Judge Walrath’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Limited liability company, Debt, Liquidation, Constitutional amendment, Federal Rules of Civil Procedure (USA), Trustee
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Limited liability companies: handle bankrupt LLC members with care
    2015-04-22

    Walro v. The Lee Group Holding Co., LLC (In re Lee), 524 B.R. 798 (Bankr. S.D. Ind. 2014) –

    A chapter 7 trustee sought a court determination that (1) a debtor’s voting rights in a limited liability company (LLC) were property of the bankruptcy estate, and (2) other members of the LLC violated the automatic stay by taking action to remove the debtor as a member and terminating his voting rights.

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Limited liability company
    Location:
    USA
    Firm:
    Troutman Pepper
    Tweet all about it: U.S. Bankruptcy Court rules business social media accounts are property of debtor LLC's bankruptcy estate, not individual LLC members
    2015-04-22

    In a case of first impression in Texas, the United States Bankruptcy Court for the Southern District of Texas held that the former majority member of a chapter 11 LLC debtor had to relinquish control of the LLC's Facebook page and Twitter account because they were property of the LLC's bankruptcy estate. In re CTLI, LLC, Case No. 14-33564, 2015 WL 1588085 (Bankr. S.D. Tex. April 3, 2015). CTLI, LLC was a Texas gun store and shooting range doing business as Tactical Firearms.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Internet & Social Media, Litigation, Duane Morris LLP, Debtor, Limited liability company, Twitter, United States bankruptcy court, US District Court for Southern District of Texas
    Authors:
    Lauren Lonergan Taylor , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner
    Location:
    USA
    Firm:
    Duane Morris LLP
    Substantive consolidation: when abuse goes too far an LLC will not shield assets
    2015-02-24

    In re Carroll, 520 B.R. 491 (Bankr. M.D. La. 2014) –

    A chapter 7 trustee sought to substantively consolidate the bankruptcy estates of individual chapter 7 debtors with the separate bankruptcy estate of their wholly owned limited liability company (LLC).  Only the debtors, and none of the creditors, objected to substantive consolidation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Limited liability company
    Location:
    USA
    Firm:
    Troutman Pepper
    Virginia LLC update: bankruptcy court refuses to impose fiduciary duty of loyalty on a manager of a Virginia LLC
    2014-12-16

    On November 5, 2014, the United States Bankruptcy Court for the Western District of Virginia issued a noteworthy opinion that runs counter to what many Virginia law practitioners assume to be the common law in Virginia – i.e., that a manager of a Virginia limited liability company owes a fiduciary duty of loyalty to the limited liability company.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Fiduciary, Limited liability company, Duty of care, United States bankruptcy court
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP

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