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    11th Cir. Rejects Borrower’s Attempt to Use All Writs Act in Contested Foreclosure
    2021-03-11

    The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a borrower’s petition seeking relief under the federal All Writs Act for purported violations of the automatic bankruptcy stay in continued foreclosure proceedings and purported violations of the borrower’s rights to remove the state court proceedings to the bankruptcy court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, SCOTUS
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Supreme Court dismisses appeal on the meaning of an ‘establishment’ for the purposes of the EC Insolvency Regulation (1346/2000)
    2015-04-29

    Case: (The Trustees of the Olympic Airlines SA Pension and Life Assurance Scheme (Appellants) v Olympic Airlines SA (Respondent) [2015] UKSC 27)

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, SCOTUS
    Authors:
    Helen Coverdale
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Claims against directors: illegality defence and attribution of directors' knowledge to company
    2015-04-24

    The Supreme Court has held that, where a company had been the victim of wrong-doing by its directors, the directors’ wrong-doing could not be attributed to the company to prevent it (or its liquidators) from bringing claims against the directors. 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Shareholder, SCOTUS
    Authors:
    Simon Garrett , Chris Bradshaw , Graeme MacLeod , Maxine Cupitt
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Bankruptcy opinions within a day or two of issuance from the Western and Eastern Districts of Kentucky, the Northern and Southern Districts of Indiana, the Sixth and Seventh Circuits, and the U.S. Supreme Court
    2017-12-04

    (B.A.P. 6th Cir. Nov. 28, 2017)

    The Sixth Circuit B.A.P. affirms the bankruptcy court’s dismissal of the Chapter 12 bankruptcy case. The court finds that the bankruptcy court failed to give the debtor proper notice and opportunity to be heard prior to the dismissal. However, the violation of due process was harmless error. The delay in filing a confirmable plan and continuing loss to the estate warranted the dismissal. Opinion below.

    Judge: Preston

    Attorney for Appellant: Heather McKeever

    Filed under:
    USA, Insolvency & Restructuring, Stoll Keenon Ogden PLLC, Bankruptcy, SCOTUS, United States bankruptcy court, Sixth Circuit, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Midland Funding, LLC v. Johnson
    2017-05-19

    (U.S. Sup. Ct. May 15, 2017)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, SCOTUS
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    A “claim” by any other name: the Third Circuit overrules Frenville
    2010-06-08

    On June 2, 2010, the Third Circuit overruled longstanding precedent interpreting the definition of a “claim” under the Bankruptcy Code. In JELD-WEN, Inc. v. Van Brunt (In re Grossman’s Inc.), No. 09-1563, slip op., (3d Cir. June 2, 2010) an en banc panel rejected the state law accrual theory of claims recognition established in Avellino & Bienes v. M. Frenville Co. (Matter of M. Frenville Co.), 744 F.2d 332 (3d Cir. 1984), in favor of the more widely followed conduct test theory.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Unsecured debt, Federal Reporter, Due process, Liquidation, Remand (court procedure), Bankruptcy discharge, US Code, Federal Communications Commission (USA), US House of Representatives, SCOTUS, United States bankruptcy court, Third Circuit, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    Sigma Finance Corporation: substituting a commercial bargain through the guise of interpretation?
    2009-11-06

    The first appeal ruling from the newly formed UK Supreme Court concerned the construction of a clause setting out the distribution of assets in a collapsed structured investment vehicle (“SIV”). For the creditors attempting to salvage the remains of the SIV, and onlookers in similar situations, the judicial process has been a rollercoaster ride which has left them reeling.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case LLP, Security (finance), Market liquidity, Margin (finance), Subprime lending, Deed, Liability (financial accounting), Majority opinion, SCOTUS, Court of Appeal of England & Wales, High Court of Justice, UK Supreme Court, Trustee
    Location:
    United Kingdom
    Firm:
    White & Case LLP
    The Second Circuit confirms that bankruptcy principles trump common law equity
    2009-01-15

    When a creditor seeks equitable relief in a bankruptcy court, must the court always follow common law principles of equity? Not according to several courts, including the Second Circuit. Concluding that the granting of equitable remedies may circumvent the Bankruptcy Code's equitable distribution system, courts have limited the application of equitable remedies in the bankruptcy context.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Surety, Debtor, Fraud, Interest, Division of property, Reinsurance, Unjust enrichment, Common law, Constructive trust, Title 11 of the US Code, SCOTUS, Second Circuit, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    White & Case LLP
    The Seventh Circuit weighs in on non-consensual third-party releases
    2008-04-24

    With US Circuit Courts split on the issue of whether bankruptcy courts have the power to release third parties from creditors’ claims without the creditors’ consent, a move known as non-consensual third-party release, the Seventh Circuit recently weighed in the affirmative in In re Airadigm Communications, Inc.1 With the split widening between the circuits on this matter, it seems more likely than ever that the Supreme Court could weigh in on and decide this critical issue to lenders and others.2

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Injunction, Debt, Consent, Liability (financial accounting), Title 11 of the US Code, Federal Communications Commission (USA), US Congress, SCOTUS, United States bankruptcy court, Seventh Circuit, Court of equity
    Location:
    USA
    Firm:
    White & Case LLP
    Prepetition unsecured creditor defeats objection to claim for post-petition attorneys' fees
    2008-01-24

    In Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Company, the Supreme Court held that federal bankruptcy law does not automatically disallow claims for post-petition attorneys' fees incurred by a prepetition unsecured creditor simply because such fees are incurred in litigating issues arising under the Bankruptcy Code. The Court, however, left open the issue whether such claims may be disallowed on the basis that the attorneys' fees were incurred post-petition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Surety, Debtor, Unsecured debt, Remand (court procedure), Unsecured creditor, SCOTUS, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP

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