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    Nondischargeability for Fraud “Other than a Statement Respecting the Debtor’s Financial Condition” in Bankruptcy [11 USC 523(a)(2)(A) & 523(a)(2)(B)]
    2021-03-23

    Bankruptcy Code Section 523(a)(2)(A) Dischargeability Cannot be Based on Oral Fraudulent Misrepresentation “Respecting the Debtor’s Financial Condition”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Talkov Law, Supreme Court of the United States
    Authors:
    Ferdeza Zekiri
    Location:
    USA
    Firm:
    Talkov Law
    Equitable Mootness Strikes Again: The Near Impossibility of Challenging a Debtor’s Critical Vendor Decisions
    2021-03-17

    Although debtors who file for Chapter 11 bankruptcy generally cannot pay prepetition debts until a plan which complies with the “absolute priority rule” is confirmed, there are a number of now well-established exceptions to this rule.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Supreme Court of the United States
    Authors:
    Norman N. Kinel
    Location:
    USA
    Firm:
    Squire Patton Boggs
    11th Cir. Rejects Borrower’s Attempt to Use All Writs Act in Contested Foreclosure
    2021-03-11

    The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the dismissal of a borrower’s petition seeking relief under the federal All Writs Act for purported violations of the automatic bankruptcy stay in continued foreclosure proceedings and purported violations of the borrower’s rights to remove the state court proceedings to the bankruptcy court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Supreme Court of the United States
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Supreme Court Holds that “Mere Retention” of Estate Property After Bankruptcy Filing Doesn't Violate the Automatic Stay
    2021-03-10

    On January 14, 2021, the U.S. Supreme Court decided City of Chicago, Illinois v. Fulton (Case No. 19-357, Jan. 14, 2021), a case which examined whether merely retaining estate property after a bankruptcy filing violates the automatic stay provided for by §362(a) of the Bankruptcy Code. The Court overruled the bankruptcy court and U.S. Court of Appeals for the Seventh Circuit in deciding that mere retention of property does not violate the automatic stay.

    Case Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Foster Swift Collins & Smith PC, Supreme Court of the United States
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Supreme Court Holds That a Creditor’s “Mere Retention” of Bankruptcy Estate Property Does Not Violate One Automatic Stay Provision, Leaves a Number of Other Questions Unanswered
    2021-02-04

    On January 14, 2021, the U.S. Supreme Court issued its decision in City of Chicago, Illinois v. Fulton, __ U.S. __, 2021 WL 125106 (Jan. 14, 2021), which addresses issues related to the automatic stay and a creditor’s ability to retain property of a debtor’s estate upon the commencement of a bankruptcy case. The Fulton decision is a consolidation of four similar cases where the City of Chicago impounded debtor cars pre-petition in response to unpaid traffic tickets and fines. After filing for bankruptcy, each debtor requested that the City return the respective vehicles.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Supreme Court of the United States
    Authors:
    J. R. Smith , Nathan Kramer
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    U.S. Supreme Court Rules on Property Seized Pre-Bankruptcy Petition
    2021-01-22

    Automatic Stay Not Violated by Retention of Property Seized Before Filing

    The United States Supreme Court recently held that 11 U.S.C. § 362(a)(3), a provision of the automatic stay of the U.S. Bankruptcy Code, does not require creditors to take affirmative steps to return property that was seized before the filing of a debtor’s bankruptcy petition. City of Chicago, Illinois v. Fulton, 2021 WL 125106, ____ U.S. ____ (Jan. 14, 2021).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Riker Danzig LLP, Supreme Court of the United States
    Authors:
    Michael R. O’Donnell
    Location:
    USA
    Firm:
    Riker Danzig LLP
    Supreme Court Holds That Retaining Impounded Vehicles Does Not Violate Automatic Stay
    2021-01-14

    Case Name and Number: Chicago v. Fulton, No. 19-357

    Introduction: In an 8-0 opinion issued today, the Supreme Court held that a creditor’s passive retention of property properly seized from a debtor pre-bankruptcy does not violate the automatic stay under 11 U.S.C. § 362(a)(3).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Supreme Court of the United States
    Location:
    USA
    Firm:
    Mayer Brown
    Failure To Comply With Court Orders Regarding Disclosure
    2020-04-27

    Syedur Rahman considers the significance of the April 2020 judgment in Byers & Ors V Samba

    The latest hearing in the case of the US $300million claim of Byers & Ors v Samba Financial Bank took place over three days at the end of February 2020. The Court handed down its judgment on 8th April 2020.

    This judgment is a significant one on several points:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Rahman Ravelli, Supreme Court of the United States
    Authors:
    Syedur Rahman
    Location:
    United Kingdom
    Firm:
    Rahman Ravelli
    Delaware District Court Denies Interlocutory Appeal on Stern Claims
    2020-04-23

    Introduction

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Supreme Court of the United States
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    From the Top in Brief: U.S. Supreme Court Bankruptcy Roundup
    2020-08-13

    Appointment of PROMESA Financial Oversight Board Was Constitutional

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Senate, Supreme Court of the United States
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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