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    Employee Pay and the Bankruptcy Stay - Potential Pitfalls Part 2: Garnishment Issues
    2016-08-01

    In a prior post, we set forth the potential liability of employers for collection of debts owed by employees in violation of the bankruptcy stay. To protect themselves from such liability, employers that accrue claims against their employees in the ordinary course of business should implement written protocols designed in consultation with bankruptcy counsel.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Wage, Bankruptcy, Debtor, Debt, Withholding tax, Tax deduction, California Franchise Tax Board, Ninth Circuit
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Are Those Taxes Owing On Your Late-Filed Tax Return Dischargeable? Maybe, But You Better Be In The Right Circuit
    2016-07-25

    Individual debtors with old tax debts relating to late-filed tax returns may be surprised to find that those tax debts may not be dischargeable under section 523(a) of the Bankruptcy Code due to the lateness of the tax filing. There is a current Circuit split regarding whether a late tax filing constitutes a “return” at all, which is critical to the dischargeability inquiry. The Ninth Circuit weighed in last week in In re Smith, 2016 WL 3749156 (9th Cir. July 13, 2016), further cementing the split.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Bryan Cave Leighton Paisner (Bryan Cave), Debtor, Debt, Tax return (USA), Perjury, Internal Revenue Service (USA), Title 11 of the US Code, Ninth Circuit
    Authors:
    Justin A. Sabin , Bryce A. Suzuki
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Ninth Circuit affirms district court’s decision that bankruptcy court did not abuse its discretion in denying motion to compel arbitration
    2016-06-08

    This appeal is from an order by a district court in California, affirming a bankruptcy court’s denial of a motion to compel arbitration in a Chapter 7 bankruptcy trustee’s adversary proceeding, in which the trustee sought avoidance of fraudulent transfers.

    Filed under:
    USA, California, Arbitration & ADR, Insolvency & Restructuring, Litigation, Carlton Fields, Bankruptcy, Motion to compel, Ninth Circuit, United States bankruptcy court
    Authors:
    Jeanne M. Kohler
    Location:
    USA
    Firm:
    Carlton Fields
    Tribal Immunity Protects the Navajo Times Against Bankruptcy Strong Arm Action
    2016-05-20

    HIGHLIGHTS:

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Litigation, Public, Holland & Knight LLP, Bankruptcy, Sovereign immunity, Ninth Circuit
    Authors:
    Robert J. Labate , James T. Meggesto
    Location:
    USA
    Firm:
    Holland & Knight LLP
    Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise
    2016-05-24

    The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation in § 1129(b) to deny an oversecured creditor default interest on its claim to which it would otherwise be entitled under § 506(b). In Wells Fargo Bank, N.A. v. Beltway One Development Group, LLC (In re Beltway One Development Group, LLC), 547 B.R. 819 (9th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Debtor, Interest, Default (finance), Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Employee fired for planning to file for bankruptcy can pursue retaliation claim
    2010-04-13

    The bankruptcy code prohibits an employer from discriminating against or terminating an employee for filing or having filed for bankruptcy protection. A federal court in Wisconsin has extended this retaliation protection to an employee who intended to file for bankruptcy (and later did so). In Robinette v.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Fenwick & West LLP, Bankruptcy, Discrimination, Credit union, Summary offence, US Federal Government, Ninth Circuit
    Authors:
    Victor Schachter , Dan Ko Obuhanych
    Location:
    USA
    Firm:
    Fenwick & West LLP
    Ninth Circuit holds that a security interest must be returned to the bankruptcy estate when the security interest's value is not readily ascertainable
    2010-04-27

    What should be the remedy when a bankruptcy court holds that a security interest is avoidable as a preferential transfer, but the value of the security interest is not readily ascertainable? The Ninth Circuit recently addressed this issue in USAA Federal Savings Bank v. Thacker (In re: Taylors), 2010 U.S. App. LEXIS 5793 (9th Cir. 2010). The Court held that, since the value of the security interest was not readily ascertainable, the only available remedy is for the bankruptcy court to return the security interest itself, not its value, to the bankruptcy estate.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Remand (court procedure), US Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Improper involuntary bankruptcy petition gives rise to award of counsel fees
    2010-06-16

    In Orange Blossom Limited Partnership v. Southern California Sunbelt Developers Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hinshaw & Culbertson LLP, Punitive damages, Bankruptcy, Costs in English law, Debtor, Good faith, Involuntary dismissal, Attorney's fee, US Code, Ninth Circuit, United States bankruptcy court
    Authors:
    David J. McMahon
    Location:
    USA
    Firm:
    Hinshaw & Culbertson LLP
    New U.S. Supreme Court rulings
    2010-08-11

    When a bankruptcy court calculates the "projected disposable income" in a repayment plan proposed by an above-median-income chapter 13 debtor, the court may "account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation," the U.S. Supreme Court held in Hamilton v. Lanning on June 7. Writing for the 8-1 majority, Justice Samuel A.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Tax exemption, Bankruptcy, Debtor, Interest, Personal property, Dissenting opinion, Majority opinion, Title 11 of the US Code, Trustee, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Indiana Court of Appeals holds that claim under the Fair Credit Reporting Act survives bankruptcy and must be arbitrated
    2010-08-23

    On July 26, 2010, the Indiana Court of Appeals, in the published decision of Green Tree Servicing, LLC., v. Brian D. Brough, No. 88A01-0911-CV-550, addressed the issue raised by Appellant Green Tree as to whether the trial court erred by vacating its prior Order directing the parties to arbitrate their dispute, which involved a prior bankruptcy filing and a claim under the Fair Credit Reporting Act.

    Filed under:
    USA, Indiana, Arbitration & ADR, Company & Commercial, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, Arbitration clause, Waiver, Debt, Mortgage loan, Jury trial, Bankruptcy discharge, Wells Fargo, Fair Credit Reporting Act 1970 (USA), Ninth Circuit, Indiana Court of Appeals
    Authors:
    Patricia Polis McCrory
    Location:
    USA
    Firm:
    Frost Brown Todd LLP

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