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    Bankruptcy Standing: An Introduction to a Multitude and a Preview of Coming Attractions
    2023-03-22

    In legal parlance, the term “standing” embraces several discrete doctrines that govern the capacity of a party to sue and appear before a particular court. These concepts' fluidity should not obscure their importance: a party’s standing is a perpetual jurisdictional question, open to review throughout the lifespan of a particular case or matter and at every appellate level.

    Types of Standing

    Two Generally Applicable Forms

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Supreme Court of the United States
    Location:
    USA
    Firm:
    Reed Smith LLP
    Supreme Court Clarifies Scope of Nondischargeable Debt in Favor of Victims of Fraud
    2023-02-27

    In Bartenwerfer v. Buckley, the Supreme Court of the United States resolved confusion in the lower courts over the scope and application of 11 U.S.C. § 523(a)(2)(A), which prohibits debtors from discharging debt through bankruptcy when such debt was obtained as a result of fraudulent actions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Duane Morris LLP, US Congress, Supreme Court of the United States
    Authors:
    Lawrence J. Kotler , Drew S. McGehrin
    Location:
    USA
    Firm:
    Duane Morris LLP
    How An Honest Debtor’s Discharge Is Denied—A Reversion to Punishment? (Bartenwerfer v. Buckley)
    2023-03-09

    The U.S. Supreme Court does not like bankruptcy benefits for individual debtors. It really doesn’t.

    An example from a couple years ago is Fulton v. City of Chicago, where the U.S. Supreme Court finds a way to declare:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Supreme Court to Hear Bankruptcy Case Focusing on Tribal Immunity
    2023-03-07

    The Lac du Flambeau Band of Lake Superior Chippewa Indians (Lac du Flambeau Band) found support from law professors specializing in federal Indian law as well as an assemblage of tribes and Native American groups in its bid before the U.S. Supreme Court to assert sovereign immunity from suit regarding alleged violations of the automatic stay. While they acknowledge that tribal immunity may be abrogated, they insist Congress must do so expressly and unequivocally.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, US Congress, Supreme Court of the United States
    Authors:
    Jared D. Bissell , Deborah Kovsky-Apap
    Location:
    USA
    Firm:
    Troutman Pepper
    A Potential Sword and/or Shield Worth Considering: The First Circuits Recent Guide to the Application of Judicial Estoppel in Bankruptcy
    2023-03-08

    Once asserted, may a party alter it? Once claimed, may a party contradict it?

    A party’s ability to abandon a previously taken position and champion its converse in a later case or proceeding often depends on one of the law’s more esoteric prohibitions: that kaleidoscopic smorgasbord of precepts collectively known as “judicial estoppel.”

    What Is “Judicial Estoppel,” Precisely?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Supreme Court of the United States
    Location:
    USA
    Firm:
    Reed Smith LLP
    Client Alert: Chapter 11 Trends: Are First Day Hearings “Game Over” for Chapter 11 Cases?
    2023-03-07

    Material Chapter 11 cases have morphed to the point that the outcome is often predetermined at the “first day” hearing. Unsecured creditors with material credit exposure should engage early to protect their interests and reduce risk of loss.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Uniform Commercial Code (USA), Supreme Court of the United States
    Location:
    USA
    Debt Arising From Fraud/False Pretenses Is Nondischargeable Even If Debtor Was Not The Culpable Actor
    2023-03-08

    In a unanimous decision Bartenwerfer v Buckley, No. 21-908, 598 U.S. (2023), the U.S. Supreme Court reviewed the breath of the U.S. Bankruptcy Code’s discharge provision – and exceptions thereto – and held that a debt resulting from fraud (even where the debtor was not directly involved) is, nevertheless, nondischargeable. While the Court’s principles provide a roadmap for analyzing potentially nondischargeable claims, it also expands what was originally thought to be a “narrow” exception to discharge.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Reed Smith LLP, US Congress, Supreme Court of the United States
    Location:
    USA
    Firm:
    Reed Smith LLP
    A Potential Sword and/or Shield Worth Considering: The First Circuit's Recent Guide to the Application of Judicial Estoppel in Bankruptcy
    2023-03-08

    Once asserted, may a party alter it? Once claimed, may a party contradict it?

    A party’s ability to abandon a previously taken position and champion its converse in a later case or proceeding often depends on one of the law’s more esoteric prohibitions: that kaleidoscopic smorgasbord of precepts collectively known as “judicial estoppel.”

    What Is “Judicial Estoppel,” Precisely?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Supreme Court of the United States
    Location:
    USA
    Firm:
    Reed Smith LLP
    Ultra Petroleum Seeks US Supreme Court Review of Fifth Circuit’s Make-Whole and Contractual Default Rate Ruling
    2023-03-08

    On February 13, 2023, Ultra Petroleum Corporation (“Ultra”) filed a petition for a writ of certiorari with the US Supreme Court seeking review of the Fifth Circuit’s October 2022 ruling that, in solvent-debtor cases, debtors must pay unsecured creditors applicable contractual make-whole premiums and postpetition interest at contractual default rates in order for such unsecured creditors to be considered unimpaired.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Supreme Court of the United States
    Authors:
    Sean T. Scott , Aaron Gavant , Kyle J. Tum Suden
    Location:
    USA
    Firm:
    Mayer Brown
    U.S. Supreme Court Disallows Innocent Partner’s Discharge of Debt From Partner’s Fraud
    2023-03-03

    On February 22, 2023, the United States Supreme Court (“the Supreme Court”) issued its Opinion in the matter of Bartenwerfer v. Buckley, No. 21-908, LEXIS 943 (Feb. 22, 2023), holding that per 11 U.S.C. § 523(a)(2)(A), a partnership member is not entitled to discharge a debt incurred by the fraud of another partnership member, regardless of the fact the innocent member had no knowledge of the fraud.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Riker Danzig LLP, US Congress, Supreme Court of the United States
    Authors:
    Kevin Hakansson , Kori Pruett , Michael R. O’Donnell , James V. Mazewski
    Location:
    USA
    Firm:
    Riker Danzig LLP

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