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    Ninth Circuit prohibits bankruptcy courts from entering judgments on fraudulent conveyance claims against non-claimants
    2012-12-13

    The Ninth Circuit recently held that: (1) bankruptcy courts lack the constitutional authority to enter a final judgment on all fraudulent transfer claims against non-claimants, whether brought under state or federal law, and (2) a defendant can waive such an argument by not asserting the applicability of Stern v. Marshall1 at the trial level.2 Further, in dicta, the court noted that bankruptcy courts may issue proposed findings of fact and conclusions of law in matters in which the bankruptcy court cannot issue final orders.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Waiver, Title 11 of the US Code, US Constitution, Ninth Circuit, United States bankruptcy court
    Authors:
    Craig A. Barbarosh , Karen B. Dine
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Ninth CIRC. Bankruptcy appellate panel tackles property and creditor's reach in 'juarez'
    2020-06-26

    InIn re Juarez, 603 B.R. 610 (9th Cir. BAP 2019), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit addressed a question of first impression in the circuit with respect to property that is exempt from creditor reach: it adopted the view that, under the "new value exception" to the "absolute priority rule," an individual Chapter 11 debtor intending to retain such property need not make a "new value" contribution covering the value of the exemption.

    Background

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Litigation, Duane Morris LLP, Breach of contract, Fraud, Ninth Circuit, United States bankruptcy court, U.S. Court of Appeals
    Authors:
    Rudolph J. Di Massa, Jr. , Malcolm Bates
    Location:
    USA
    Firm:
    Duane Morris LLP
    Ninth Circuit Removes Important Restriction to Cannabis Bankruptcy Reorganizations, But Obstacles Remain
    2019-05-22

    The court noted that the DOJ might prosecute cannabis-related businesses under the CSA, notwithstanding plan confirmation. Thus, Garvin may have foreclosed any future DOJ CSA-based noneconomic objections to cannabis reorganizations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Ninth Circuit
    Authors:
    Meagen E. Leary , James J. Holman
    Location:
    USA
    Firm:
    Duane Morris LLP
    Lease Rejection Damages Under the Bankruptcy Code Cap
    2017-02-20

    The United States Bankruptcy Code, pursuant to 11 U.S.C. Section 502(b)(6), caps a landlord's claim in bankruptcy for damages resulting from the termination of a real property lease. See In re PPI EnterprisesU.S., 324 F.3d 197, 207 (3rd Cir. 2003). Under Section 502(b)(6), a landlord-creditor is entitled to rent reserve from the greater of one lease year or 15 percent, not to exceed three years, of the remaining lease term.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Duane Morris LLP, Leasehold estate, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP
    Recent Ninth Circuit Court of Appeals Decision Renders Entz-White Void: Default Interest Can Be Collected by Secured Creditor in Connection with a Cure Under Chapter 11 Plan
    2016-11-09

    The Ninth Circuit Court of Appeals recently issued a decision in Pacifica L 51, LLC v. New Investments, Inc. (In re New Investments, Inc.) (16 C.D.O.S. 11723, Nov. 4, 2016), which held that a secured creditor can collect default interest in connection with a cure under a chapter 11 plan, thereby rendering void the long-established rule under Great W. Bank & Tr. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Ninth Circuit
    Authors:
    Meagen E. Leary , Marcus O. Colabianchi
    Location:
    USA
    Firm:
    Duane Morris LLP
    Chapter 15 - A Useful Tool for Protecting and Preserving Assets in Cryptocurrency Insolvency Proceedings
    2022-08-01

    The Bankruptcy Protector

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Ninth Circuit
    Location:
    USA
    A Growing Circuit Split: Does the IRS Have Sovereign Immunity from Fraudulent Transfer Claims under 11 U.S.C. § 544(b)(1)?
    2022-03-31

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Nelson Mullins Riley & Scarborough LLP, Internal Revenue Service (USA), SCOTUS, Ninth Circuit
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Ninth Circuit: Federal Law Governs Substantive Consolidation, and Supreme Court’s Siegel Ruling Does Not Bar Consolidation of Debtors and Nondebtors
    2017-11-22

    In Clark’s Crystal Springs Ranch, LLC v. Gugino (In re Clark), 692 Fed. Appx. 946, 2017 BL 240043 (9th Cir. July 12, 2017), the U.S. Court of Appeals for the Ninth Circuit ruled that: (i) the remedy of "substantive consolidation" is governed by federal bankruptcy law, not state law; and (ii) because the Bankruptcy Code does not expressly forbid the substantive consolidation of debtors and nondebtors, the U.S. Supreme Court’s decision in Law v. Siegel, 134 S. Ct. 1188 (2014), does not bar bankruptcy courts from ordering the remedy.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, SCOTUS, Ninth Circuit, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Ninth Circuit Reverses Course on Measure of Collateral Value in Cramdown Confirmation of Chapter 11 Plan
    2017-10-02

    In First Southern Nat’l Bank v. Sunnyslope Hous. LP (In re Sunnyslope Hous. LP), 2017 BL 216965 (9th Cir. June 23, 2017), the U.S. Court of Appeals for the Ninth Circuit held en banc that, in determining whether a chapter 11 plan may be confirmed over the objection of a secured creditor, the creditor’s collateral must be valued in accordance with the debtor’s intended use of the property, even if the property would realize more in a foreclosure sale because of the existence of restrictive covenants.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Ninth Circuit
    Location:
    USA
    Firm:
    Jones Day
    Eroding the Majority Rule: Another Circuit Concludes That Lease Can Be Extinguished in Free-and-Clear Bankruptcy Sale
    2017-10-02

    The ability of a trustee or chapter 11 debtor-in-possession ("DIP") to sell bankruptcy estate assets "free and clear" of competing interests in the property has long been recognized as one of the most important advantages of a bankruptcy filing as a vehicle for restructuring a debtor’s balance sheet and generating value. Still, section 363(f) of the Bankruptcy Code, which delineates the circumstances under which an asset can be sold free and clear of "any interest in such property," has generated a fair amount of controversy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Ninth Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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