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    Sixth Circuit holds that assignee is subject to contractual netting provision
    2015-03-19

    In a recent decision, In re Black Diamond Mining Company, LLC,[1] the United States Court of Appeals for the Sixth Circuit held that a netting provision contained in a contract was enforceable against an assignee from one of the parties to the contract.  The decision is sound, and is worth noting by parties to contracts and by those parties that succeed to their rights

    Filed under:
    USA, Banking, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Ice Miller LLP, Sixth Circuit
    Authors:
    John Lawlor
    Location:
    USA
    Firm:
    Ice Miller LLP
    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
    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
    Sixth Circuit says, “I’m with the Underhills!”
    2014-11-19

    You might recognize the last name “Underhill” from the 1980’s movie, Fletch. In the movie, the main character, Irwin “Fletch” Fletcher overhears snobby country club member Mr. Underhill speaking rudely to a waiter. To get revenge, Fletch famously tells the waiter he’s “with the Underhills” and proceeds to charge a Bloody Mary, a steak sandwich and…a steak sandwich to the Underhills’ tab.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Tortious interference, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Sixth Circuit sets standards for determining whether a livestock lease is a true lease or a disguised secured transaction
    2014-11-11

    In a split decision, the Sixth Circuit Court of Appeals in its opinion in Sunshine Heifers, LLC v. Citizens First Bank (In Re: Lee H. Purdy), 763 F.3d 513 (6th Cir. 2014) held a long term lease of livestock extending beyond the economic life of the individual leased livestock can still be a true lease and not a disguised security interest.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Sixth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Sixth Circuit rules cows can be leased
    2014-09-05

    Can you really lease a cow?

    According to the Sixth Circuit, the answer is “yes.” Dairy cattle leasing is an increasingly popular method for producers to add to their herds while conserving capital for other purposes. Leasing is particularly attractive for thinly capitalized producers who wish to spread their fixed costs across more cows.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Thompson Coburn LLP, Sixth Circuit
    Authors:
    David Warfield
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Following the Eleventh Circuit, Sixth Circuit sides with FDIC in latest tax refund dispute
    2014-07-25

    In the world of bank holding company bankruptcies, often a dispute arises between the parent company and the FDIC (as receiver for parent’s failed bank subsidiary) over the ownership of the tax refunds issued to the bank’s consolidated group pursuant to a consolidated tax return.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Weil Gotshal & Manges LLP, Federal Deposit Insurance Corporation (USA), Eleventh Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fourth Circuit invalidates third-party release provision in chapter 11 plan
    2014-07-17

    On June 27, 2014, in National Heritage Foundation, Inc. v. Highbourne Foundation, 1 the United States  Court of Appeals for the Fourth Circuit, agreeing with decisions by the Bankruptcy Court for the Eastern  District of Virginia and the District Court for the Eastern District of Virginia, which were issued upon  remand from a prior appeal, held that the third-party non-debtor release provision in the chapter 11 plan  of reorganization of National Heritage Foundation, Inc.  was invalid.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Debtor, Remand (court procedure), Fourth Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Supreme Court holds severance payments are subject to FICA taxes
    2014-04-30

    Reversing a decision by the Sixth Circuit Court of Appeals, the U.S. Supreme Court ruled unanimously that severance payments to employees who were involuntarily terminated as part of a Chapter 11 bankruptcy were taxable wages subject to Social Security and Medicare (FICA) taxes. The decision disappointed many who had hoped the court would uphold the earlier appeals court ruling that certain severance payments should be exempt from FICA taxes as supplemental unemployment compensation benefits (SUBs).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Hodgson Russ LLP, Wage, Bankruptcy, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Sixth Circuit
    Authors:
    Peter K. Bradley , Anita Costello Greer , Michael J. Flanagan , Richard W. Kaiser , Arthur A. Marrapese III , Ryan M. Murphy
    Location:
    USA
    Firm:
    Hodgson Russ LLP

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