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    Supreme Court Provides Guidance on the Use of Structured Dismissals in Bankruptcy
    2017-03-30

    The United States Supreme Court (the “Court”) recently issued a long-awaited decision in Czyzewski v. Jevic Holding Corp. (“Jevic”), which limits the use of “structured dismissals” in Chapter 11 bankruptcy cases, requiring structured dismissals pursuant to which final distributions are made to comply with the Bankruptcy Code’s priority scheme, or the consent of all affected parties to be obtained.1

    What is a Structured Dismissal?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, SCOTUS, United States bankruptcy court
    Authors:
    Linda T. Coberly , Gregory M. Gartland , Steffen N. Johnson , Justin E. Rawlins , Carey D. Schreiber
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Supreme Court reaffirms role of bankruptcy courts in Arkison decision
    2014-06-16

    The case of Executive Benefits Insurance Agency v. Arkison (In re Bellingham Ins. Agency), No. 12- 1200, was easily one of the most closely watched bankruptcy cases in many years. Last week’s decision in that case, however, was far less dramatic than  some practitioners feared it might be. The Supreme Court answered two important questions regarding the power of bankruptcy courts that it left open three years ago in Stern v. Marshall.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Standard of review, SCOTUS, United States bankruptcy court
    Authors:
    Linda T. Coberly , Steffen N. Johnson , Elizabeth P. Papez
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Supreme Court addresses "disposable income" under the BAPCPA
    2010-06-14

    On June 7th, the US Supreme Court addressed the calculation of a Chapter 13 debtor's projected "disposable income" under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. When a bankruptcy court calculates a debtor's projected disposable income, the court may account for changes in the debtor's income or expenses that are known or virtually certain at the time of confirmation. Hamilton v. Lanning.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Consumer protection, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    BAPCA provisions are not unconstitutional
    2010-05-24

    On May 18th, the Second Circuit, applying the Supreme Court's holding in Milavetz, Gallop & Milavetz, P.A. v. U.S., 130 S.Ct. 1324 (2010), reversed a trial court order finding that provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act that prohibit debt relief agencies from advising clients to incur more debt were overbroad and unconstitutional when applied to attorneys.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Winston & Strawn LLP, Bankruptcy, Consumer protection, Debt, Debt relief, Constitutionality, SCOTUS, Second Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Second Circuit permits unsecured claim for post-petition attorneys’ fees authorized under a valid pre-petition contract
    2009-12-09

    In a recent holding that a creditor may collect, on an unsecured basis, post-petition attorneys’ fees under an otherwise enforceable pre-petition contract, the Second Circuit Court of Appeals followed a similar ruling by the Ninth Circuit earlier this year, adding to a conflict among the circuits on this issue.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Surety, Debtor, Unsecured debt, Interest, Liquidation, Unsecured creditor, Title 11 of the US Code, Eighth Circuit, SCOTUS, Second Circuit, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Not all bankruptcy “core” proceedings are created equal: a limitation on state law lender liability claims in bankruptcy court after Stern v. Marshall
    2011-09-14

    The scenario has become all too familiar in recent years: a borrower defaults on a loan and, when the lender pursues the loan collateral through foreclosure or other proceedings, the borrower files for bankruptcy protection. More often than not, when the lender appears in bankruptcy court to pursue its interest in the collateral, the borrower counterattacks with a host of state law lender liability claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Collateral (finance), Interest, Tortious interference, Foreclosure, Default (finance), Title 11 of the US Code, US Constitution, US Congress, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Creditors of insolvent limited liability companies cannot sue derivatively
    2011-09-09

    The Supreme Court of Delaware recently held that creditors of insolvent Delaware limited liability companies (LLCs) lack standing to bring derivative suits on behalf of the LLCs.

    In March 2010, CML V brought both derivative and direct claims against the present and former managers of JetDirect Aviation Holdings LLC in the Court of Chancery after JetDirect defaulted on its loan obligations to CML. The Vice Chancellor dismissed all the claims, finding that, as a creditor, CML lacked standing to bring derivative claims on behalf of JetDirect, and CML appealed.

    Filed under:
    USA, Delaware, Company & Commercial, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Statute of limitations, Limited liability company, Standing (law), Constitutionality, Default (finance), SCOTUS, Court of Chancery, Delaware Supreme Court
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Supreme Court Resolves Circuit Split on Issue of Whether Statement About a Single Asset Is One Respecting Debtor's Financial Condition
    2018-06-26

    Alerts and Updates

    The Supreme Court’s opinion is significant because it will encourage creditors to rely on written, rather than oral, statements of debtors as to both their assets and overall financial status, which are better evidence in a nondischargeability case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Duane Morris LLP, SCOTUS
    Authors:
    Rudolph J. Di Massa, Jr. , Keri L. Wintle
    Location:
    USA
    Firm:
    Duane Morris LLP
    Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme
    2017-04-04

    In Czyzewski v. Jevic Holding, 580 U.S. __(2017), decided on March 22, the U.S. Supreme Court held that, without the consent of impaired creditors, a bankruptcy court cannot approve a "structured dismissal" that provides for distributions deviating from the ordinary priority scheme of the Bankruptcy Code. The ruling reverses the decisions of the U.S. Bankruptcy Court for the District of Delaware, the U.S. District Court for the District of Delaware, and the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Unsecured debt, Consent, Leveraged buyout, Title 11 of the US Code, SCOTUS, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Rudolph J. Di Massa, Jr. , Drew S. McGehrin
    Location:
    USA
    Firm:
    Duane Morris LLP
    SCOTUS Prohibits Non-Consensual Structured Dismissals in Deviation of Bankruptcy Code Priority Scheme
    2017-03-29

    The immediate effect of Jevic will be that practitioners may no longer structure dismissals in any manner that deviates from the priority scheme of the Bankruptcy Code without the consent of impaired creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Unsecured debt, Title 11 of the US Code, SCOTUS, United States bankruptcy court, Third Circuit
    Authors:
    Rudolph J. Di Massa, Jr. , Christopher M. Winter
    Location:
    USA
    Firm:
    Duane Morris LLP

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