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    Sixth Circuit Affirms Holding that Contributions to a 401(k) Plan Made More than Six Months Prior to Bankruptcy Cannot be Excluded from Disposable Income
    2021-11-04

    The U.S. Court of Appeals for the Sixth Circuit recently ruled in a case involving a Chapter 13 debtors’ attempt to shield contributions to a 401(k) retirement account from “projected disposable income,” therefore making such amounts inaccessible to the debtors’ creditors.[1] For the reasons explained below, the Sixth Circuit rejected the debtors’ arguments.

    Case Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Increase in Scottish Corporate Insolvency
    2021-11-04

    The latest insolvency statistics have now been released by the Insolvency Service and the Accountant in Bankruptcy ("AiB").

    The AiB is responsible for the devolved elements of corporate insolvency, which is limited to liquidation and receivership. The Insolvency Service on the other hand records details on matters for which responsibility is retained at Westminster, being administration and CVAs.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Tax, Brodies LLP, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Iain Penman
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    House Judiciary Committee to Markup Nondebtor Release Prohibition Act of 2021
    2021-11-05

    On Wednesday, November 3, the House Judiciary Committee approved legislation on a party-line vote that could drastically reshape chapter 11 restructurings, particularly in cases involving significant tort liability. The bill, the Nondebtor Release Prohibition Act of 2021 (the “NRPA”) is sponsored by Judiciary Chairman Jerry Nadler (D-NY), Oversight Chairman Rep. Carolyn Maloney (D-NY), and Rep. David Cicilline (D-RI), who chairs the House Judiciary Subcommittee on Antitrust, Commercial and Administrative Law, which has jurisdiction over bankruptcy law-related issues.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Aaron S. Cutler , Christopher R. Donoho III , David P Simonds , Ches Garrison
    Location:
    USA
    Firm:
    Hogan Lovells
    The Cayman Court re-considers its jurisdiction to wind up exempted limited partnerships
    2021-11-05

    In the recent decision In the Matter of Padma Fund L.P. (unreported, 8 October 2021) (Padma), Justice Parker found that the Grand Court of the Cayman Islands (Court) has no jurisdiction to wind up a Cayman Islands exempted limited partnership (ELP) on the basis of a creditors' petition. Instead, the Court found that an unpaid creditor must present a petition against the general partner (GP) of the ELP.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Litigation, Ogier, Companies Act
    Authors:
    Christopher Levers , Harry Clark
    Location:
    Cayman Islands
    Firm:
    Ogier
    Modifications after Scheme Meeting and Relevance of Listing Status: Re Samson Paper Holdings
    2021-11-05

    In Re Samson Paper Holdings Ltd[2021] HKCFI 3288, the Honourable Mr. Justice Harris sanctioned a scheme of arrangement notwithstanding that there were proposed modifications after the relevant scheme meeting.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Des Voeux Chambers, Court of First Instance (Hong Kong)
    Authors:
    John Hui , Terrence Tai
    Location:
    Hong Kong
    Firm:
    Des Voeux Chambers
    PRC reorganisation proceedings recognised for the first time
    2021-11-05

    The Hong Kong Court of First Instance recognised the reorgansation proceedings of a company based in the PRC for the first time in Hong Kong in Re HNA Group Co Limited [2021] HKCFI 2897.

    Background

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Hauzen, Court of First Instance (Hong Kong)
    Authors:
    Kelly Ho
    Location:
    Hong Kong
    Firm:
    Hauzen
    Possession of a Debtor’s Property After a Bankruptcy Filing May…or May Not…Be a Stay Violation
    2021-11-01

    A person in possession of a debtor’s property upon a bankruptcy filing now has more guidance from the Supreme Court as to the effect of the automatic stay. In City of Chicago, Illinois v. Fulton, 141 S. Ct. 585 (2021), handed down on January 14 of 2021, the Court was faced with the issue of whether the City of Chicago (the “City”) was liable for violation of the automatic stay for refusing to return vehicles it impounded pre-petition. Issuing a narrow decision under Section 362(a)(3) of the Bankruptcy Code, the Court held that it was not.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Supreme Court of the United States
    Authors:
    Lee B. Hart , Mark Gensburg
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Maryland Bankruptcy Court Proposes Rule to Address Supreme Court Ruling on Estate Property
    2021-11-02

    Maryland Legal Alert for Financial Services

    The Bankruptcy Court for the District of Maryland recently proposed a new local rule in response to the U.S. Supreme Court decision that mere retention of bankruptcy estate property by a creditor post-petition does not amount to an exercise of control over estate property in violation of the automatic stay.

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Litigation, Gordon Feinblatt LLC, Bankruptcy, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Bryan M. Mull
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    Bankruptcy Court: Creditor’s Refusal to Release Prepetition Account Garnishment Does Not Violate Automatic Stay
    2021-11-02

    Maryland Legal Alert for Financial Services

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Gordon Feinblatt LLC, Supreme Court of the United States
    Authors:
    Bryan M. Mull
    Location:
    USA
    Firm:
    Gordon Feinblatt LLC
    Recent High Court Judgment on Safeguarded Funds under the EMRs
    2021-11-03

    The High Court, in its recent judgment In the matter of ipagoo LLP (in administration) [2021] EWHC 2163 (Ch) (Ipagoo), has determined that no statutory trust exists over safeguarded funds held under the Electronic Money Regulations 2011 (EMRs). This can be contrasted with the decision In Re Supercapital [2020] EWHC 1685 (Ch) (Supercapital) which found that the Payment Services Regulations 2017 (PSRs) create a statutory trust over safeguarded funds.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Mark Simpson , Kimberly Everitt
    Location:
    United Kingdom
    Firm:
    Baker McKenzie

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