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    Supreme Court rules to limit scope of transfer tax exemption in bankruptcy sales
    2008-06-19

    On May 16, 2008, the United States Supreme Court decided Florida Department of Revenue v. Piccadilly Cafeterias, Inc. and ruled that debtors who sell property during the course of a Chapter 11 case prior to the confirmation of a plan cannot use Section 1146(a) of the Bankruptcy Code to exempt those sales from applicable state transfer and stamp taxes.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons, Tax exemption, Bankruptcy, Debtor, Unsecured debt, Statute of limitations, Bright-line rule, Stamp duty, US Congress, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Dentons
    Potential ramifications of the Madoff investment crisis
    2009-01-26

    Investors victimized by the fraud perpetrated by Bernard Madoff and his company, Bernard L. Madoff Investment Securities, LLC (collectively Madoff), should be aware of their legal options and risks. Some of these options have very short deadlines. Likewise, investors who successfully withdrew their investments before Madoff`s fraud came to light could face potential claims. In either circumstance, the prospects of litigation are high.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, White Collar Crime, Foley & Lardner LLP, Bankruptcy, Security (finance), Fraud, Class action, Statute of limitations, Taxable income, Option (finance), Liquidation, Tax deduction, Tax return (USA), Securities Investor Protection Corporation, Constitutional amendment, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Madoff and Stanford preview: Bayou Group cases established precedent for clawing back Ponzi scheme payments
    2009-03-31

    As the Madoff Securities and Stanford Financial schemes have unraveled in recent months, financial industry participants have had to scrutinize closely their involvement with these entities. A key issue in each of these cases will be the extent to which the trustee (or similar representative) can “claw back” payments made as part of the Ponzi and related fraudulent schemes. The U.S. Bankruptcy Court for the Southern District of New York recently considered similar facts in Bayou Accredited Fund, LLC v. Redwood Growth Partners, L.P.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Cadwalader Wickersham & Taft LLP, Bankruptcy, Conflict of laws, Debtor, Security (finance), Fraud, Statute of limitations, Hedge funds, Good faith, Unsecured creditor, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    James McDonnell
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    One-year statute of limitations upheld
    2009-04-14

    Vedder Price Wins Reversal in Second Circuit Court of Appeals

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Vedder Price PC, Bankruptcy, Debtor, Statute of limitations, Motion to compel, Liquidation, Remand (court procedure), Second Circuit, United States bankruptcy court
    Authors:
    Michael L. Schein , William W. Thorsness
    Location:
    USA
    Firm:
    Vedder Price PC
    FDIC poised to sue former directors and officers of failed banks
    2010-01-04

    As the financial crisis unfolds, the impact on U.S. financial institutions of all sizes continues to grow. The Federal Deposit Insurance Corporation (FDIC) took over 140 failed banks in 2009 at a cost of $27.8 billion to the Deposit Insurance Fund, a new high since the end of the savings and loan crisis of the late 80s and early 90s. For 2010, the FDIC is preparing for even more bank failures, increasing its budget by 35 percent and adding more than 1,600 to its staff.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Greenberg Traurig LLP, Fiduciary, Statute of limitations, Board of directors, Depository institution, Gross negligence, US Federal Government, Office of the Comptroller of the Currency (USA), Federal Deposit Insurance Corporation (USA), Federal Reserve (USA), Office of Thrift Supervision
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Chrysler proposes joint plan of liquidation
    2010-02-11

    Chrysler Proposes Joint Plan of Liquidation; Unsecured Creditors' Distribution Contingent Upon the Outcome of the Daimler Lawsuit

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Calfee Halter & Griswold LLP, Bankruptcy, Unsecured debt, Fraud, Fiduciary, Statute of limitations, Limited liability company, Liability (financial accounting), Liquidation, Unjust enrichment, US Federal Government, Daimler AG, Chrysler, United States bankruptcy court
    Authors:
    Jean R. Robertson , James M. Lawniczak
    Location:
    USA
    Firm:
    Calfee Halter & Griswold LLP
    Quality Stores: the taxpayer wins again on tax refund for severance pay
    2010-03-18

    2006 FICA Refund Claims Due April 15, 2010

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Greenberg Traurig LLP, Wage, Bankruptcy, Debtor, Statute of limitations, Unemployment benefits, Federal Insurance Contributions Act tax, Severance package, Internal Revenue Service (USA), United States bankruptcy court, Federal Circuit, US Court of Federal Claims
    Authors:
    Timothy Jessell
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    European Court of Justice rules on applicable law in cross-border clawback proceedings
    2015-05-13

    On April 16, 2015, the European Court of Justice (“ECJ”) provided guidance on the interpretation of Article 13 of the EC Regulation on Insolvency Proceedings (the “Regulation”) in the case Lutz v Bäuerle – C-557/13.

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Statute of limitations, Court of Justice of the European Union
    Authors:
    Andreas Lehmann , Jörg Uhlmann
    Location:
    European Union
    Firm:
    Squire Patton Boggs
    US Court of Appeals for the Tenth Circuit decides a CERCLA “judicially approved settlement” is not different in bankruptcy
    2014-06-25

    On July 23, in ASARCO LLC v. Union Pacific Railroad Company, et al. No. 13-1435 (10th Cir.), the Tenth Circuit rejected the notion that settlement requirements are different in the bankruptcy context.  Section 113 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Statute of limitations, Tenth Circuit
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Sixth Circuit issues significant bankruptcy decision
    2014-01-27

    In December, the Sixth Circuit, in Grant, Konvalinka & Harrison, P.C. v. Still (In re McKenzie), 737 F.3d 1034 (6th Cir. 2013), addressed two matters of first impression when it adopted the majority rules that (i) a creditor who seeks relief from the bankruptcy automatic stay has the burden to prove the validity of its perfected security interest in collateral; and (ii) the expiration of the two-year statute of limitations on bankruptcy avoidance actions does not prevent the trustee from asserting them defensively under section 502(d) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Statute of limitations, Federal Reporter, United States bankruptcy court, Sixth Circuit
    Authors:
    Colter Paulson
    Location:
    USA
    Firm:
    Squire Patton Boggs

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