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    U.S. Supreme Court Hears Argument Today in Case Involving the Proper Determination of a Non-statutory Insider
    2017-10-31

    The U.S. Supreme Court will hear oral argument today inU.S. Bank National Association v. Village at Lakeridge (15-1509). At issue in the case is whether the appropriate standard of review for determining non-statutory insider status is the de novo standard of review applied by the U.S. Courts of Appeals for the 3rd, 7th and 10th Circuits, or the clearly erroneous standard of review adopted for the first time by the U.S. Court of Appeals for the 9th Circuit in Village at Lake Ridge.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, SCOTUS
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Arbitration Clauses as Separate Executory Contracts
    2022-06-06

    The Bankruptcy Protector

    This term, Supreme Court Justice Elena Kagan has authored a pair of opinions related to arbitration. The first of these decisions, Badgerow v. Walters, 20-1143, 142 S. Ct. 1310 (2022) came down on March 31, 2022, where Justice Kagan, writing for the 8/1 majority, held that a court must have an independent basis of federal jurisdiction to undertake a petition to confirm or vacate an arbitration award.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Federal Arbitration Act 1926 (USA), SCOTUS
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Revisiting the Supreme Court’s 2020 Decision in Acevedo Barring Entry of Nunc Pro Tunc Orders: How to Ensure Your Employment and Fee Applications are Properly Approved
    2022-04-04

    The Bankruptcy Protector

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, SCOTUS
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    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
    SCOTUS’s house call on Healthcare Industry: the economic impact of mandatory vaccination
    2022-01-31

    The Bankruptcy Protector

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Medicare, Medicaid, Bankruptcy, Private equity, Coronavirus, CARES Act 2020 (USA), SCOTUS
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Supreme Court to Decide Constitutionality of U.S. Trustee Fees in Chapter 11 Cases
    2022-01-18

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, US Congress, SCOTUS
    Authors:
    Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Possession of a Debtor’s Property After a Bankruptcy Filing May…or May Not…Be a Stay Violation
    2021-11-01

    A person in possession of a debtor’s property upon a bankruptcy filing now has more guidance from the Supreme Court as to the effect of the automatic stay. In City of Chicago, Illinois v. Fulton, 141 S. Ct. 585 (2021), handed down on January 14 of 2021, the Court was faced with the issue of whether the City of Chicago (the “City”) was liable for violation of the automatic stay for refusing to return vehicles it impounded pre-petition. Issuing a narrow decision under Section 362(a)(3) of the Bankruptcy Code, the Court held that it was not.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, SCOTUS
    Authors:
    Lee B. Hart , Mark Gensburg
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Confusion Involving Constitutionality of U.S. Trustee Fee Increase
    2021-07-27

    The Bankruptcy Protector

    In 2017, Congress enacted an amendment imposing a sharp increase in quarterly fees owed to the United States Trustee program by many chapter 11 debtors. Expectedly, the constitutionality of that decision has been challenged on several grounds, and there is considerable disagreement among the circuits.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, SCOTUS
    Authors:
    C. Craig Eller
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Post-Taggart, Debtors May Face Higher Pleading Standard
    2019-08-28

    This article first appeared in Law360.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor, Title 11 of the US Code, SCOTUS
    Authors:
    Shane G. Ramsey , John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Comments on the Supreme Court of Canada’s landmark insolvency decision in Ted LeRoy Trucking
    2011-05-20

    The Supreme Court of Canada decision in Century Services Inc. v. Canada (Attorney General), which arose from the restructuring proceedings of Ted LeRoy Trucking Ltd. and was released on December 6, 2010, is a landmark decision in Canadian insolvency law.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Debtor, Statutory interpretation, Debt, Liquidation, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), SCOTUS, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Kevin P. McElcheran , Heather L. Meredith
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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