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    Circuit split alert! Sixth and Ninth Circuits differ on whether consent among parties cures bankruptcy court’s lack of constitutional authority to enter final order
    2013-02-04

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Bankruptcy, Common law, Article III US Constitution, United States bankruptcy court, Sixth Circuit
    Authors:
    Alan R. Lepene , Curtis L. Tuggle , Andrew L. Turscak, Jr. , James Henderson
    Location:
    USA
    Firm:
    Thompson Hine LLP
    The Stern legacy: two circuits weigh in
    2013-01-02

    Lest you thought you had heard the end of the Stern v. Marshall debate, two recent circuit court decisions remind us that Stern is alive and influential. In October, the Sixth Circuit weighed in on a bankruptcy court’s constitutional authority where it discharged certain fraudulent debts and awarded damages. In early December, the Ninth Circuit performed a similar constitutional analysis where the bankruptcy court decided a fraudulent transfer action against a noncreditor of the bankruptcy estate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, ArentFox Schiff, US Constitution, Ninth Circuit, United States bankruptcy court, Sixth Circuit
    Authors:
    Andrea Campbell Davison , Jeffrey N. Rothleder
    Location:
    USA
    Firm:
    ArentFox Schiff
    Sixth Circuit reinvigorates Stern v. Marshall debate
    2012-11-01

    In a surprising decision certain to reinvigorate the ongoing debate about the scope of Stern v. Marshall, ___ U.S. ___, 131 S. Ct. 2594 (2011), the Sixth Circuit Court of Appeals adopted a broad view of Stern and held that the structural nature of the limitations imposed on bankruptcy courts by Article III of the Constitution could not be waived by a party’s failure to object at the trial court level. The decision, Waldman v. Stone, 2012 WL 5275241 (6th Cir. Oct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, US Constitution, Article III US Constitution, United States bankruptcy court, Sixth Circuit
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Sixth Circuit sets limits on bankruptcy court jurisdiction
    2012-10-29

    In Waldman v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, United States bankruptcy court, Sixth Circuit
    Authors:
    Pierre H. Bergeron
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Sixth Circuit addresses question of standing of former bankruptcy debtor
    2012-10-29

    In Auday v. Wet Sale Retail, Inc., the Sixth Circuit considered an action by a former individual debtor who sued for an age discrimination claim. The district court barred the plaintiff from litigating the claim because she failed to identify it as an asset in the bankruptcy court, and the claim had arisen by that point in time.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, United States bankruptcy court, Sixth Circuit
    Authors:
    Pierre H. Bergeron
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Low-income housing tax credits must be included in valuing section 506(a) collateral
    2012-10-15

    In re Creekside Senior Apartments, LP, 2012 Fed App. 0008P (6th Cir. B.A.P. June 29, 2012)

    CASE SNAPSHOT

    In a case of first impression, the Sixth Circuit BAP held that, for purposes of valuing collateral under section 506(a) of the Bankruptcy Code, the availability of Low-Income Housing Tax Credits must be considered in valuing a creditor’s secured claim.

    FACTUAL BACKGROUND

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Reed Smith LLP, Debtor, Collateral (finance), Tax credit, Limited partnership, Sixth Circuit
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Sixth Circuit holds that severance pay is not subject to FICA taxes
    2012-10-10

    A few weeks ago, the Sixth Circuit affirmed the Western District Court of Michigan’s holding in U.S. v. Quality Stores Inc., 424 B.R. 237 (W.D. Mich. 2010), that severance payments made to employees pursuant to an involuntary reduction in force were not “wages” for Federal Insurance Contribution Act (“FICA”) tax purposes. U.S. v. Quality Stores Inc., No. 10-1563 (6th Cir. 2012). The Sixth Circuit’s decision creates a circuit court split with the Federal Circuit and its 2008 decision in CSX Corporation v. United States, 518 F.3d 1328 (Fed. Cir. 2008).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Winston & Strawn LLP, Wage, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Sixth Circuit says severance payments not subject to FICA
    2012-10-08

    Summary

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Ulmer & Berne LLP, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), Sixth Circuit
    Authors:
    John C. Goheen , Patricia A. Shlonsky , Michael T. Tangry
    Location:
    USA
    Firm:
    Ulmer & Berne LLP
    Ambiguous OTS order did not require bank's parent to ensure bank met capital requirements
    2012-09-17

    On September 14, the Sixth Circuit affirmed the trial court's finding that a failed bank's parent did not make a capital maintenance commitment to the bank. After the parent filed for bankruptcy, the FDIC was appointed receiver for the bank. The FDIC then sought payment from the parent under the statute requiring a party seeking reorganization to fulfill commitments to maintain the capital of an insured depository institution.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Capital requirement, Federal Deposit Insurance Corporation (USA), Sixth Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Sixth Circuit Court of Appeals holds certain severance payments are not subject to FICA tax
    2012-09-19

    On September 7, the Sixth Circuit Court of Appeals issued a decision (United States v. Quality Stores, Inc.) holding that certain severance payments are not "wages" subject to Federal Insurance Contributions Act (FICA) tax, and upheld a bankruptcy court’s decision ordering a full refund of more than $1 million of FICA taxes paid by an employer with respect to severance payments it made to employees whose positions were eliminated in connection with the bankruptcy.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Insurance, Litigation, Tax, Bass Berry & Sims PLC, Wage, Federal Insurance Contributions Act tax, Severance package, Sixth Circuit
    Location:
    USA
    Firm:
    Bass Berry & Sims PLC

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