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    Tenth Circuit Deepens Circuit Split over Constitutionality of Fee Increases for United States Trustee Program
    2021-11-05

    On October 5, 2021, the Tenth Circuit joined the Second Circuit in concluding statutory fee increases that applied only to debtors filing for bankruptcy in judicial districts administered by the United States Trustee Program (the “US Trustee” or the “UST Program”) violated the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Ninth Circuit
    Authors:
    Jacob A Adlerstein , Paul M. Basta , Brian Bolin , Robert Britton , Kelley A. Cornish , Alice Belisle Eaton , Brian S. Hermann , Kyle J. Kimpler , Alan W Kornberg , Elizabeth R. McColm , Andrew M. Parlen , Andrew N. Rosenberg , Jeffrey D. Saferstein , John Weber
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    This week at the ninth: Schedules and informants
    2021-10-22

    This week, the Ninth Circuit explains the ins-and-outs of property abandonment under the Bankruptcy Code, and explores the government’s privilege to withhold the identity of informants in discovery.

    IN RE STEVENS

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Fair Labor Standards Act 1938 (USA), Ninth Circuit
    Authors:
    Adam L. Sorensen , Lena H. Hughes
    Location:
    USA
    Firm:
    Morrison & Foerster LLP
    Bankruptcy debtor prevails over SBA in district of Arizona PPP loan dispute
    2021-09-28

    The Paycheck Protection Program (“PPP”) was a forgivable loan program administered by the US Small Business Administration (“SBA”) that was created as part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in March 2020. The PPP ended on May 31, 2021. Since the passage of the CARES Act, litigation has ensued over whether companies in bankruptcy are eligible to receive PPP loans.

    Filed under:
    USA, Arizona, Company & Commercial, Insolvency & Restructuring, Litigation, Snell & Wilmer LLP, Coronavirus, Paycheck Protection Program, Small Business Administration (USA), CARES Act 2020 (USA), Ninth Circuit
    Authors:
    Andrea M. Hicks , Molly J. Kjartanson , Tanya N. Lewis
    Location:
    USA
    Firm:
    Snell & Wilmer LLP
    9th Cir. Holds Mortgagee May Challenge HOA Foreclosure Sale That Violates Bankruptcy Automatic Stay
    2021-07-22

    The U.S. Court of Appeals for the Ninth Circuit recently reversed a trial court’s order granting summary judgment in favor of the buyer at a homeowners association’s non-judicial foreclosure sale that was conducted in violation of the automatic stay in the borrower’s bankruptcy, and against a mortgagee whose interest in the foreclosed property would have been extinguished.

    In so ruling, the Ninth Circuit held that a first deed of trust lienholder may set aside a completed super-priority lien foreclosure sale if the sale violates the bankruptcy automatic stay.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Ninth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Second Circuit Finds 2017 Fee Increase for Chapter 11 Debtors Unconstitutional, Awards Debtors a Refund
    2021-07-16

    On May 24, 2021, the Second Circuit held that a 2017 increase to the quarterly fees paid by chapter 11 debtors was unconstitutional and awarded Clinton Nurseries, Inc., Clinton Nurseries of Maryland, Inc. and Clinton Nurseries of Florida, Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Ninth Circuit
    Authors:
    Jacob A Adlerstein , Paul M. Basta , Brian Bolin , Robert Britton , Kelley A. Cornish , Alice Belisle Eaton , Brian S. Hermann , Kyle J. Kimpler , Alan W Kornberg , Elizabeth R. McColm , Andrew M. Parlen , Andrew N. Rosenberg , Jeffrey D. Saferstein , John Weber , Michael M. Turkel
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Ninth Circuit Affirms Summary Judgment for CRA in FCRA Litigations, Reiterating Requirement of Actual Harm for Negligent Violations of the Statute
    2021-07-09

    In a recent litigation and appeal involving claims under the Fair Credit Reporting Act (“FCRA”), the Ninth Circuit affirmed the district court’s grant of summary judgment to the defendant, in a win for CRAs named in similar litigation. Leoni v. Experian Info. Solutions, 2021 U.S. App. LEXIS 17687 (9th Cir. June 14. 2021). Read on for details about the case and its implications.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Ninth Circuit
    Authors:
    Kristin Bryan
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Chapter 420, Part II: Closing the Book on Cannabis-Adjacent Bankruptcy
    2021-07-07

    In a previous article, I discussed the potential impacts of a then-forthcoming decision in the case of In re United Cannabis Corporation, which had the potential to widen access to federal bankruptcy relief to cannabis-adjacent hemp businesses.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Gupta Evans and Ayres, Bankruptcy, Ninth Circuit
    Authors:
    Jake Ayres
    Location:
    USA
    Firm:
    Gupta Evans and Ayres
    Partial “dirt-for-debt” plans in Chapter 11: the “indubitable equivalence” debate
    2011-08-08

    One consequence of the depressed real estate market has been numerous Chapter 11 bankruptcy cases wherein the debtor seeks confirmation of a “dirt-for-debt” plan. In such a plan, instead of paying the secured creditor the value of the real property securing the debt through restructured loan terms, the debtor proposes to convey part or all of the real property securing the debt to the creditor in full satisfaction of its secured claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Poyner Spruill LLP, Bankruptcy, Debtor, Collateral (finance), Debt, Legal burden of proof, Condominium, Conveyancing, Secured creditor, Deed of trust (real estate), Valuation (finance), Ninth Circuit
    Authors:
    Christopher R. Boothe , Lisa P. Sumner
    Location:
    USA
    Firm:
    Poyner Spruill LLP
    The Expanding Contours of Permissible Non-Debtor Releases in the Ninth Circuit
    2021-04-01

    Until recently, courts in the Ninth Circuit have generally followed the minority view that non-debtor releases in a bankruptcy plan are prohibited by Bankruptcy Code Section 524(e), which provides that the “discharge of a debt of the debtor does not affect the liability of any other entity on, or the property of any other entity for, such debt.” In the summer of 2020, the Ninth Circuit hinted that its prohibition against non-debtor releases was not absolute, when the court issued its decision in Blixseth v. Credit Suisse, 961 F.3d 1074 (9th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Ninth Circuit
    Authors:
    Eric R. Blythe
    Location:
    USA
    Firm:
    Mintz
    Appellate Courts Split On Bankruptcy Ownership Of Malpractice Claims
    2021-04-02

    The debtors' legal malpractice claim was "not property of their bankruptcy estate," held a split Ninth Circuit on June 30, 2020. In re Glaser, 816 Fed. Appx. 103, 104 (9th Cir. June 30, 2020) (2-1). But the U.S. District Court for the District of Minnesota one week later affirmed a bankruptcy court judgment that "the [debtor's] estate was the proper owner" of such a claim. In re Bruess, 2020 WL3642324, 1 (D. Minn. July 6, 2020).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Supreme Court of the United States, Ninth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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