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    Johnson & Johnson’s Indirect Subsidiary Seeks Chapter 11 Protection and Establishment of Trust Relating to Cosmetic Talc Claims
    2021-10-15

    U.S. Bankruptcy Court for the Western District of North Carolina, October 14, 2021

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
    Authors:
    Elizabeth M. Lautenbach
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    “Diminishing” Returns: A Pre-Petition Change of Life Insurance Beneficiary is Not Subject to Avoidance as a Fraudulent Transfer
    2021-02-26

    Does a debtor’s pre-petition change of the beneficiary of a life insurance policy constitute a “transfer” of an interest of the debtor in property? Not according to the U.S. Bankruptcy Court for the Eastern District of North Carolina, which held earlier this week that such transfers do not “diminish” the estate.[1]

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Insurance, Litigation, Patterson Belknap Webb & Tyler LLP
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Bankruptcy Court Permits Chapter 7 Trustee to Utilize IRS’ Look-Back Period in Seeking to Avoid Fraudulent Transfers
    2021-02-08

    Bottom Line

    In its recent decision in Mitchell v. Zagaroli, Adv. Pro. No. 20-05000, 2020 WL 6495156 (Bankr. W.D.N.C. Nov. 3, 2020), the Bankruptcy Court for the Western District of North Carolina held that the Chapter 7 trustee could step into the shoes of the IRS and utilize the IRS’ longer look-back period to avoid fraudulent transfers.

    What Happened?

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Trustee
    Authors:
    Kelly E. Porcelli
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    COVID-19 Next Steps: What are Next Steps as Businesses Begin to Re-open Amid the Crisis?
    2020-05-19

    Click here to watch the webinar.

    Filed under:
    USA, North Carolina, Company & Commercial, Insolvency & Restructuring, Tax, Nexsen Pruet, Force majeure, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Bridget A. Blinn-Spears , David P. Ferrell , David M. McCallum , David Pokela , David Robinson , Lisa P. Sumner
    Location:
    USA
    Firm:
    Nexsen Pruet
    Bolstering the Majority Rule: Bankruptcy Court Holds that Adjudication of Avoidance Liability Is Prerequisite to Disallowance of Transferee's Claim Under Section 502(d)
    2020-08-13

    The U.S. Bankruptcy Court for the Eastern District of North Carolina recently added some weight to the majority rule on an issue that has long divided bankruptcy and appellate courts. In In re Southern Produce Distributors, Inc., 2020 WL 1228719 (Bankr. E.D.N.C. Mar.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code
    Authors:
    Daniel J. Merrett (Dan) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    New North Carolina Commercial Receivership Act
    2020-08-05

    Receiverships are a flexible, court-supervised tool that can help troubled companies and individuals with business debts avoid a lengthy bankruptcy proceedings. A receiver acts much like a bankruptcy trustee by assuming responsibility for the property or assets of an entity or individual owing business debts. A receiver can assist companies in their return to profitability by quickly liquidating assets and restructuring debt efficiently. Receivers can also be useful to preserve property, enforce judgments, and dissolve insolvent businesses.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Nexsen Pruet
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    Lender Beware: Two Recent Bankruptcy Cases Highlight Importance of Diligence in UCC-1 Filings
    2020-02-24

    Lenders should view as cautionary tales two recently handed down decisions regarding UCC-1 financing statements and the perfection of security interests. On December 20, 2019, the U.S. Bankruptcy Court for the District of Kansas in In re Preston held that security interests in personal property were unperfected because the UCC-1 incorrectly set forth the debtor’s name. On January 2, 2020, the U.S.

    Filed under:
    USA, North Carolina, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, United States bankruptcy court
    Authors:
    Deborah J. Enea
    Location:
    USA
    Firm:
    Troutman Pepper
    Claimants Committee Motion to Dismiss Denied by Bankruptcy Court; Finding that Bestwall’s Bankruptcy Reorganization was not Filed in Bad Faith United States Bankruptcy Court, Western District of North Carolina, July 29, 2019
    2019-07-31

    NORTH CAROLINA – Asbestos claimants (claimants committee) in this Chapter 11 case filed a motion to dismiss the bankruptcy case filed by Georgia Pacific (GP) for its acquisition of Bestwall arguing that the petition was filed in bad faith and established a reorganization that was “objectively futile.”

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Goldberg Segalla LLP
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    What Happens to My Lease in Bankruptcy?
    2019-08-02

    Suppose you own farmland or retail commercial space and you lease your property.

    What happens to your lease if the lessee files bankruptcy? And what must be done if your lessee wants to continue to honor your lease despite the bankruptcy? In In re Collins, The United States Bankruptcy Court for the Eastern District of North Carolina recently stressed that a debtor cannot informally assume an unexpired lease. The debtor must follow the strict procedures in the Bankruptcy Code or the lease will be automatically rejected.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Real Estate, Ward and Smith, PA, Debtor, Title 11 of the US Code
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA
    Fourth Circuit Provides Relief to Chapter 13 Debtors for Some Underwater Mortgages
    2019-06-03

    In a victory for Chapter 13 debtors, the United States Court of Appeals for the Fourth Circuit recently issued a major decision that changes the way bankruptcy courts in North Carolina will deal with certain home mortgages in Chapter 13.

    Filed under:
    USA, North Carolina, Banking, Insolvency & Restructuring, Litigation, Ward and Smith, PA, Debtor, Fourth Circuit
    Authors:
    Lance P. Martin
    Location:
    USA
    Firm:
    Ward and Smith, PA

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