Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Ninth Circuit holds that confirmed and substantially consummated bankruptcy plan is appealable to district court
    2015-07-06

    The Equitable Mootness Doctrine

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Ninth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Ninth Circuit holds debt collector did not violate FDCPA by charging pre-judgment interest
    2015-06-29

    The U.S. Court of Appeals for the Ninth Circuit recently held that a debt collector’s demand seeking 10 percent interest that was not expressly authorized by the debt agreement did not violate the federal Fair Debt Collection Practices Act or California’s equivalent Rosenthal Act, because the pre-judgment interest was permitted by state law.

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Interest, Collection agency, Fair Debt Collection Practices Act 1977 (USA), Ninth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Actions speak as loud as words in Deprizio waivers
    2015-05-27

    On May 6, 2015, the Court of Appeals for the Ninth Circuit considered whether so-called“Deprizio waivers,”1 where an insider guarantor waives indemnification rights against a debtor, can insulate the guarantor from preference liability arising from payments made by the obligor to the lender. The Ninth Circuit held that if such a waiver is made legitimately—not merely to avoid preference liability—then the guarantor is not a “creditor” and cannot be subject to preference liability.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Surety, Debtor, Ninth Circuit
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The Ninth Circuit rules on plan feasibility
    2007-04-26

    In the case of Sherman v. Harbin (In re Harbin), the Ninth Circuit decided that in determining the feasibility of a plan under Bankruptcy Code Section 1129(a)(11), a court must evaluate the possible impact of pending litigation, whether at the trial level or on appeal.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Dissenting opinion, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Fobian overruled
    2007-04-10

    In Travelers Cas. and Sur. Co. of America v. Pacific Gas & Electric Co., 127 S. Ct. 199 (2007) ("Travelers"), the United States Supreme Court overturned a Ninth Circuit Court of Appeals opinion that had made pre-petition contractual provisions awarding attorneys' fees to the prevailing party unenforceable in bankruptcy to the extent the parties litigated issues peculiar to bankruptcy law. The Ninth Circuit opinion, Fobian v. Western Farm Credit Bank (In re Fobian), 951 F.2d 1149 (9th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Federal Reporter, Bad faith, Secured creditor, Unsecured creditor, Title 11 of the US Code, Supreme Court of the United States, Ninth Circuit
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Grant of nonexclusive trademark license bars chapter 11 franchisee’s assumption of franchise agreement
    2007-05-25

    In a case of apparent first impression, U.S. District Court Judge Alan S. Gold recently held in In re Wellington Vision, Inc., No. 06-80446, __ B.R. ___, 2007 WL 762398 (S.D. Fla. Feb. 20, 2007), that a franchisee in chapter 11 cannot assume (i.e., retain) a franchise agreement that grants a nonexclusive trademark license, leaving the franchisor free to terminate the agreement.

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Intellectual Property, Litigation, Wiley Rein LLP, Bankruptcy, Conflict of laws, Debtor, Marketing, Franchise agreement, Debtor in possession, Lanham Act 1946 (USA), Ninth Circuit, United States bankruptcy court, California courts of appeal
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Supreme Court rules that federal bankruptcy law does not prohibit an unsecured creditor from recovering postpetition attorney’s fees authorized by an enforceable prepetition contract
    2007-05-14

    On March 20, 2007, the United States Supreme Court ruled in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., case docket no. 127 S.Ct. 1199 (2007), that federal bankruptcy law does not preclude an unsecured creditor from obtaining attorney’s fees authorized by a valid prepetition contract and incurred in postpetition litigation. In reaching this decision, the Supreme Court overruled the Ninth Circuit Court of Appeal’s ruling in Fobian v. Western Farm Credit Bank (In re Fobian), 951 F.2d 1149 (9th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Surety, Unsecured debt, Federal Reporter, Default (finance), Attorney's fee, Unsecured creditor, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case
    Focus on feasibility
    2007-05-31

    One of the most significant changes to chapter 11 of the Bankruptcy Code in the 2005 amendments was the absolute limit placed on extensions of the exclusivity periods. Courts no longer have the discretion to extend a debtor’s exclusive periods to file and solicit a plan beyond 18 months and 20 months, respectively, after the petition date. Although the legislative history contains no explanation for why this change was made, Congress presumably intended to accelerate the reorganization process or facilitate the prospects for competing plans in large, complex cases.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Debtor, Hedge funds, Legal burden of proof, Liquidation, Investment funds, Supreme Court of the United States, Ninth Circuit
    Location:
    USA
    Firm:
    Jones Day
    Ninth Circuit confirms existence of ride through doctrine in Chapter 11 cases
    2007-08-21

    In Diamond Z Trailer, Inc. v. JZ, LLC (In re JZ, LLC), No. 07-1011 (9th Cir. B.A.P., June 18, 2007), the Ninth Circuit Bankruptcy Appellate Panel affirmed a Bankruptcy Court decision holding that an unscheduled executory contract rides through the bankruptcy if not assumed or rejected during the bankruptcy. Further, a debtor has standing to sue for a breach of that executory contract when the breach occurred after the closure of the bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Breach of contract, Federal Reporter, Discovery, Standing (law), Estoppel, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Assignee creditors are protected by Code’s fraud provisions
    2007-07-31

    Assignee creditors are protected by the provision of the Bankruptcy Code that prevents debtors from obtaining a discharge for debts obtained through fraud, the Bankruptcy Appellate Panel for the U.S. Court of Appeals for the Ninth Circuit has held.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Reed Smith LLP, Debtor, Fraud, Debt, Default (finance), Joint and several liability, Bankruptcy discharge, Title 11 of the US Code, Ninth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Reed Smith LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 29
    • Page 30
    • Page 31
    • Page 32
    • Current page 33
    • Page 34
    • Page 35
    • Page 36
    • Page 37
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days