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    Eighth Circuit BAP Addresses What Is Property of the Estate When There Are Multiple Bankruptcies
    2020-05-15

    Eighth Circuit Bankruptcy Monitor

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Spencer Fane LLP
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Eighth Circuit Affirms Environmental Claims Against Peabody Barred By Confirmed Plan
    2020-05-07

    EIGHTH CIRCUIT BANKRUPTCY MONITOR

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Spencer Fane LLP
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP
    LLC Members Equitably Estopped From Claiming Ownership of LLC Property
    2020-05-05

    Eighth Circuit Bankruptcy Monitor

    InRichards v. Rabo Agrifinance, LLC (In re Kip and Andrea Richards Family Farm & Ranch, LLC), the Eighth Circuit BAP (Judges Schermer, Shodeen and Sandberg) affirmed the bankruptcy court’s determination that members of a debtor LLC were equitably estopped from claiming ownership of LLC property.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Spencer Fane LLP
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Guidance for Arizona Banks on the Small Business Reorganization Act of 2019
    2020-07-21

    As a result of the coronavirus pandemic, Arizona banks and their borrowers are facing economic uncertainty. Bankruptcy filings are on the rise, and many eligible borrowers are opting to file under the Small Business Reorganization Act of 2019 (SBRA), a new fast-track bankruptcy option that alters lenders’ and other creditors’ rights in certain Chapter 11 bankruptcy cases.

    The SBRA is quickly becoming an important tool for debtors in bankruptcy as the effects of COVID-19 are felt across the country.

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Spencer Fane LLP, Donald Trump, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Jacob Sparks , Richard H. (Rick) Herold , Eric M. Van Horn
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Eighth Circuit Bankruptcy Monitor: Objection to IRS Proof of Claim
    2020-07-08

    Objection to IRS Proof of Claim, Filed Before Amendment to Rule 3007 Went Into Effect, Was Properly Mailed Only to IRS

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Spencer Fane LLP, Internal Revenue Service (USA)
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP
    This Year’s Top 8th Circ. Bankruptcy Decisions
    2020-12-11

    Originally published Dec. 9, 2020, on Law360.

    With the COVID-19 pandemic depriving bankruptcy practitioners of our usual opportunities to meet in court and at conferences to discuss recent developments in the law, I spent time tracking developments in bankruptcy law within the U.S. Court of Appeals for the Eighth Circuit.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Spencer Fane LLP, Coronavirus
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Missouri Bankruptcy Court Holds Debtor Must Be Currently Engaged in Commercial or Business Activities to Be Eligible to Make Subchapter V Election
    2020-12-11

    EIGHTH CIRCUIT BANKRUPTCY MONITOR

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Spencer Fane LLP
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Nebraska Bankruptcy Court Holds Chapter 7 Debtors Not Individually Liable for Damages from Their Alleged Fraud in Conduct of Their Non-Debtor Business
    2020-11-16

    EIGHTH CIRCUIT BANKRUPTCY MONITOR

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Spencer Fane LLP
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Eighth Circuit BAP Addresses Parens Patriae Standing and Laches in Context of Chapter 7
    2020-09-23

    EIGHTH CIRCUIT BANKRUPTCY MONITOR

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Spencer Fane LLP
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP
    Eighth Circuit Holds Federal Law Controls Award of Pre-Judgment Interest on Judgments for the Value of Transfers Avoided under Section 544(b)
    2020-09-16

    EIGHTH CIRCUIT BANKRUPTCY MONITOR

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Litigation, Spencer Fane LLP, Eighth Circuit
    Authors:
    Ryan C. Hardy
    Location:
    USA
    Firm:
    Spencer Fane LLP

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