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    Sixth Circuit rules that United States lacks standing in case against bankruptcy trustees
    2012-03-13

    The Sixth Circuit in United States v. Carroll, Case No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Squire Patton Boggs, Bankruptcy, Sixth Circuit
    Location:
    USA
    Firm:
    Squire Patton Boggs
    The Sixth Circuit bankruptcy appellate panel
    2011-11-29

    The Sixth Circuit is one of only five federal appellate courts to institute a bankruptcy appellate panel under 28 U.S.C. § 158(b).  (The others are the First, Eighth, Ninth, and Tenth circuits.) As the bankruptcy appellate panel is unfamiliar to many non-bankruptcy attorneys, this post will review the Sixth Circuit’s bankruptcy appellate panel. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Third Circuit, Sixth Circuit
    Authors:
    Colter Paulson
    Location:
    USA
    Firm:
    Squire Patton Boggs
    $500 million bankruptcy dispute headed to Sixth Circuit
    2011-07-11

    The FDIC has recently appealed a loss it suffered at trial on the question of whether the debtor in bankruptcy (the holding company of a failed bank) made a “commitment” to maintain the capital of its subsidiary bank under Section 365(o) of the Bankruptcy Code.  After a week-long bench trial with an advisory jury, the Northern District of Ohio rejected the FDIC’s claim that a commitment had been made by the holding company to the Office of Thrift Supervision.  The F

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Holding company, Bench trial, Subsidiary, Federal Deposit Insurance Corporation (USA), Office of Thrift Supervision, Sixth Circuit, US District Court for Northern District of Ohio
    Authors:
    Pierre H. Bergeron
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Split decision on terms of Dow Corning "breast implant" bankruptcy settlement
    2010-12-20

    On December 17, 2010, in In re Settlement Facility Dow Corning Trust (6th Cir., Case Nos. 09-1827/1830, Dec.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Vacated judgment, Standard of review, Remand (court procedure), Dissenting opinion, Disability, Majority opinion, Sixth Circuit
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Supreme Court’s Wellness opinion effectively overturns the Sixth Circuit’s decision on bankruptcy court jurisdiction in Waldman
    2015-06-03

    Last week, in Wellness Int’l Network Ltd. v. Sharif, No. 13-935 (May 26, 2015), the Supreme Court held that a bankruptcy court can enter final judgment on “non-core” claims under 28 U.S.C. § 157 if the parties consent to that court’s jurisdiction.  It overturned a decision by the Seventh Circuit that relied heavily on the Sixth Circuit’s decision in Waldman v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS, United States bankruptcy court, Sixth Circuit
    Authors:
    Colter Paulson
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Knowledge is power -- or at least triggers the ERISA statute of limitations
    2010-10-01

    The Sixth Circuit continues to liberally define the "actual knowledge" required to trigger the 3-year ERISA statute of limitations and, in doing so, affirmed summary judgment in favor of the defendants in Brown v Owens Corning Investment Review (Case No. 09-3692).

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Breach of contract, Fiduciary, Statute of limitations, Federal Reporter, Eighth Circuit, Sixth Circuit
    Authors:
    Emily E. Root
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Sixth Circuit Bankruptcy Appellate Panel affirms $200,000 attorney sanctions
    2015-02-12

    In a sternly-worded, sixty-page opinion last week, the Sixth Circuit’s Bankruptcy Appellate Panel affirmed a bankruptcy court’s $200,000 sanctions order against an attorney that arose from a plethora of litigation over an ultimately disallowed claim in what became a complicated bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Sixth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Strategic Use of Bankruptcy Examiner Requests
    2010-04-28

    Seeking to have an independent examiner investigate a debtor or its management can be a powerful tool available to creditors and other interested parties in a bankruptcy case. Typically, a party might request that an examiner be appointed if the debtor or its management is suspected of fraud or other misconduct. The low cost associated with making the request, together with recent positive outcomes for requesting creditors, may help to increasingly popularize the use of examiner requests by parties seeking leverage in bankruptcy plan negotiations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Shareholder, Debtor, Fraud, Debt, Liquidation, Leveraged buyout, Debtor in possession, Title 11 of the US Code, Delaware Supreme Court, United States bankruptcy court, Sixth Circuit, US District Court for SDNY, Trustee
    Authors:
    Andrew M. Simon
    Location:
    USA
    Firm:
    Squire Patton Boggs
    It ain’t over till it’s over – - final judgments in bankruptcy
    2014-12-18

    In ordinary civil litigation, appellate review is generally limited to “final judgments,” in order to prevent the wastefulness of appeals on rulings that are not truly dispositive of the case. That notion becomes somewhat more difficult in a bankruptcy, where there are often multiple litigations within the umbrella bankruptcy case. But does that mean that notions of finality should be different in the bankruptcy context? Not so, at least according to the Sixth Circuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Subject-matter jurisdiction, Sixth Circuit
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Sixth Circuit does not (yet) adopt “transparently plain” exception to reliance-on-counsel defense in bankruptcy
    2014-12-10

    In In re Eifler, issued yesterday, the Sixth Circuit passed up an opportunity to join the First and Fifth Circuits in adopting a “transparently plain” exception to the reliance-on-counsel defense by which a bankrupt debtor can demonstrate a lack of fraudulent intent.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Sixth Circuit
    Authors:
    Larisa Vaysman
    Location:
    USA
    Firm:
    Squire Patton Boggs

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