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 Rules That Hypothetical Preference Actions May Be Considered in Applying the Greater Amount Test
    2017-08-11

    In Schoenmann v. Bank of the West (In re Tenderloin Health), 849 F.3d 1231 (9th Cir. 2017), a divided panel of the U.S. Court of Appeals for the Ninth Circuit recently addressed as a matter of apparent first impression whether or not a bankruptcy court can consider hypothetical preference actions in analyzing whether a creditor-transferee in preference litigation received more than it would have received in a hypothetical chapter 7 liquidation, as required by section 547(b)(5) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Ninth Circuit Finally Abandons Entz-White: Default-Rate Interest Required to Cure and Reinstate Secured Debt Under Chapter 11 Plan
    2017-01-27

    In 1994, Congress amended the Bankruptcy Code to add section 1123(d), which provides that, if a chapter 11 plan proposes to "cure" a default under a contract, the cure amount must be determined in accordance with the underlying agreement and applicable nonbankruptcy law. Since then, a substantial majority of courts, including the U.S. Court of Appeals for the Eleventh Circuit, have held that such a cure amount must include any default-rate interest required under either the contract or applicable nonbankruptcy law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Default (finance), Ninth Circuit, Eleventh Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Ninth Circuit Abandons Entz-White: Default-Rate Interest Required to Cure and Reinstate Secured Debt Under Chapter 11 Plan
    2016-11-23

    In 1994, Congress amended the Bankruptcy Code to add section 1123(d), which provides that, if a chapter 11 plan proposes to "cure" a default under a contract, the cure amount must be determined in accordance with the underlying agreement and applicable nonbankruptcy law. Since then, a substantial majority of courts, including the U.S. Court of Appeals for the Eleventh Circuit, have held that such a cure amount must include any default-rate interest required under either the contract or applicable nonbankruptcy law. See, e.g., JPMCC 2006-LDP7 Miami Beach Lodging, LLC v.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit
    Authors:
    Bruce Bennett , Monika S. Wiener
    Location:
    USA
    Firm:
    Jones Day
    A Brief Guide to Automatic Stay Waivers, Bankruptcy Remoteness, and Bad Boy Guarantees
    2016-08-08

    Key Points

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Waiver, Fiduciary, Federal Reporter, Bad faith, Ninth Circuit, US District Court for SDNY
    Authors:
    Mark A. Cody , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    The Ninth Circuit reins in the equitable mootness doctrine
    2015-11-17

    Since the development of the doctrine of equitable mootness nearly a quarter century ago, courts have struggled to apply it in a way that strikes the appropriate balance between the need to ensure the finality and certainty of a chapter 11 plan for stakeholders, on the one hand, and the need to exercise the court’s jurisdiction and honor the right to appellate review, on the other. In JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Props. Inc. (In re Transwest Resort Props., Inc.), 2015 BL 302540 (9th Cir. Sept.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit
    Authors:
    Danielle Barav-Johnson (Dahni) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Washington Bankruptcy Court Approves Chapter 11 Plan Exculpation and Release Provisions
    2021-03-24

    There is longstanding controversy concerning the validity of release and exculpation provisions in non-asbestos trust chapter 11 plans that limit the potential exposure of various parties involved in the process of negotiating, implementing and funding the plan. The U.S. Bankruptcy Court for the Eastern District of Washington recently contributed to the extensive body of case law addressing these issues in In re Astria Health, 623 B.R. 793 (Bankr. E.D. Wash. 2021).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Washington District Court Overturns Approval of Third-Party Releases in a Settlement Agreement and Related Free-and-Clear Sale
    2019-08-19

    For nearly 25 years, courts in the Ninth Circuit have consistently refused to sanction nonconsensual third-party releases as part of chapter 11 plans. A ruling recently handed down by the U.S. District Court for the District of Washington reaffirms and extends that proposition. In In re Fraser’s Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar.

    Filed under:
    USA, Washington, Insolvency & Restructuring, Insurance, Litigation, Jones Day, Debtor, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court, Fifth Circuit, Tenth Circuit
    Authors:
    Daniel J. Merrett (Dan) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    First Impressions: Eleventh Circuit Rules That Equitable Mootness Applies in Chapter 9 Cases
    2018-12-20

    In Bennett v. Jefferson County, Alabama, 899 F.3d 1240 (11th Cir. 2018), a panel of the U.S. Court of Appeals for the Eleventh Circuit ruled as a matter of first impression that the doctrine of equitable mootness applies in chapter 9 cases. According to the Eleventh Circuit panel, "[T]he correct result is to join the Sixth Circuit and the Ninth Circuit B.A.P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit, Eleventh Circuit, U.S. Court of Appeals
    Authors:
    Thomas A. Wilson , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    A Check is Transferred When It’s Honored, Not Delivered
    2018-07-30

    Readers familiar with contract law undoubtedly know the “mailbox rule,” that an offer is accepted the moment a document goes in the mail.1 The United States Bankruptcy Appellate Panel for the Ninth Circuit (the “BAP”) recently dealt with its own variant of the mailbox rule: does the issuance of a check constitute a transfer of estate assets on the date the check is delivered or on the date it is honored?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Ninth Circuit, Bankruptcy Appellate Panel
    Authors:
    Matt Barr , Lauren Tauro
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Upon Further Review, Ninth Circuit Finds No Flag On the Play - Creditor Allowed to Block Tackle a Cram-Up Plan Following Claims Purchases
    2018-06-29

    Weil Summer Associate David Rybak contributed to this post

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Ninth Circuit, United States bankruptcy court
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 50
    • Page 51
    • Page 52
    • Page 53
    • Page 54
    • Page 55
    • Page 56
    • Current page 57
    • Page 58
    • 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