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    Can the FDIC assert direct as well as derivative claims of stockholders of failed banks? The Seventh Circuit says “no (but maybe they should)”
    2014-08-19

    In Levin v.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Shareholder, Fiduciary, Holding company, Federal Deposit Insurance Corporation (USA), Seventh Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court highlights new concerns in naming IRA beneficiary
    2014-08-11

    Before Ruth Heffron passed away in 2001, she named her daughter, Heidi Heffron-Clark, as the beneficiary of her individual retirement account (“IRA”). What seemed like a simple part of Ruth’s estate planning resulted in a U.S. Supreme Court decision that would cause many to reconsider how to address IRA beneficiary designations for creditor protection purposes.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Tax, Quarles & Brady LLP, Title 11 of the US Code, Supreme Court of the United States, Seventh Circuit
    Authors:
    Christopher Combest
    Location:
    USA
    Firm:
    Quarles & Brady LLP
    Supreme Court to review another decision limiting bankruptcy court’s power
    2014-07-08

    The United States Supreme Court, on July 1, 2014, granted a petition for certiorari in an important Seventh Circuit case limiting the power of bankruptcy courts to decide property disputes. Wellness International Network, Ltd. et al. v. Sharif, 727 F.3d 751 (7th Cir. 2013). The Seventh Circuit had held last year that the bankruptcy court lacked the constitutional authority to determine whether purported trust assets were property of the debtor’s estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Debtor, Supreme Court of the United States, United States bankruptcy court, Seventh Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    U.S. Supreme Court finds inherited IRAs not protected in bankruptcy
    2014-06-19

    On June 12, 2014, the Supreme Court unanimously upheld a Seventh Circuit decision that said inherited IRAs do not enjoy the protections of IRAs in bankruptcy proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Roetzel & Andress, Bankruptcy, Seventh Circuit
    Authors:
    Anne Prenner Schmidt
    Location:
    USA
    Firm:
    Roetzel & Andress
    Supreme Court issues decision impacting inherited IRAs
    2014-06-13

    On June 12, 2014, the Supreme Court held that assets of an “inherited IRA” are not exempt from the IRA holder’s bankruptcy estate and are subject to the claims of creditors in bankruptcy. (Clark v. Rameker, Sup. Ct. Slip Op. No. 13-299, affirming In re Clark, 714 F.3d 559 (7th Cir. 2013). In Clark, the petitioner, Heidi Heffron-Clark, inherited an IRA worth approximately $450,000. The IRA was originally established by the petitioner’s mother as a traditional IRA and became an inherited IRA upon her death in 2001.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Steptoe LLP, Bankruptcy, Seventh Circuit
    Location:
    USA
    Firm:
    Steptoe LLP
    Seventh Circuit upholds pre-petition and post-petition transfers in sentinel matter
    2014-05-22

    The Seventh Circuit has reversed the district  court’s decision in the Sentinel matter and ruled that the Bankruptcy Court’s allowance of a pre-petition transfer and authorization of a post-petition transfer of assets by Sentinel to its FCM customers was permitted under the Bankruptcy Code.  The District Court had previously avoided the $22.5 million pre-petition transfer of funds to FCM customers and the $297 million post-petition transfer of funds authorized by the Bankruptcy Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker McKenzie, United States bankruptcy court, Seventh Circuit
    Authors:
    Matthew Kluchenek , Michael Sefton
    Location:
    USA
    Firm:
    Baker McKenzie
    Here comes the judge: Supreme Court to rule on creditor protection in bankruptcy for inherited IRAs
    2014-05-19

    In 2012, the Fifth Circuit ruled in In re Chilton that inherited IRAs constituted retirement funds within the “plain meaning” of §522 of the Bankruptcy Code and were thus exempt from the bankruptcy estate, under § 522(d)(12) (the federal exemptions). See our prior discussion of this case here.

    After Chilton, many thought the issue was settled.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Interest, Title 11 of the US Code, Supreme Court of the United States, Fifth Circuit, Seventh Circuit
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Seventh Circuit rules constructive trust remedy is available in bankruptcy cases
    2014-04-30

    In In re Mississippi Valley Livestock, Inc., No. 13-1377 (7th Cir. Mar.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Bankruptcy, Constructive trust, Seventh Circuit
    Authors:
    Andrew J. Olejnik , Abraham Michael Salander
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Seventh Circuit Court of Appeals reverses District Court, follows trend of applying Bankruptcy Code safe harbors literally and expansively
    2014-05-05

    INTRODUCTION

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Security (finance), Safe harbor (law), Title 11 of the US Code, Seventh Circuit
    Authors:
    Luke A. Sizemore
    Location:
    USA
    Firm:
    Reed Smith LLP
    Seventh Circuit confirms the independence of the “settlement payment” and “securities contract” safe harbors of 11 U.S.C. § 546(e)
    2014-04-08

    The United States Court of Appeals for the Seventh Circuit (the “Seventh Circuit”) recently adopted a broad reading of the safe harbor of United States Bankruptcy Code (the “Bankruptcy Code”) § 546(e), which protects from avoidance “settlement payments” and transfers made in connection with a “securities contract,” among other transfers.1 In FCStone, the Seventh Circuit reversed the United States District Court for t

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Security (finance), ING Group, Seventh Circuit
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP

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