Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Business Restructuring Review | March-April 2020
    2020-04-15

    In This Issue:

    U.S. Supreme Court: Creditors May Immediately Appeal Denials of Automatic-Stay Relief

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Paul M. Green , Charles M. Oellermann , Dan T. Moss , Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Third Circuit Ruling on Constitutional Authority of Bankruptcy Courts Can Provide Guidance for the Looming Wave of COVID-19 Cases
    2020-04-07

    The economic fallout from the COVID-19 pandemic will leave in its wake a significant increase in commercial chapter 11 filings. Many of these cases will feature extensive litigation involving breach of contract claims, business interruption insurance disputes, and common law causes of action based on novel interpretations of long-standing legal doctrines such as force majeure.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Medicare, Medicaid, Bankruptcy, Fraud, Force majeure, Coronavirus, Supreme Court of the United States
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The Katz Principle Resurgent: State Sovereign Immunity Remains Abrogated in Bankruptcy
    2020-04-03

    State governments can be creditors of individuals, businesses and institutions that are debtors in bankruptcy in a variety of ways, most notably as tax and fine collectors but also as lenders. They can also be debtors of debtors, in their role, for example, as the purchasers of vast quantities of goods and services on credit. And they can also be transferees of a debtor’s property in (at least) every role in which they can be creditors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    David W. Dykhouse
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    In Decision With Important Tax and Bankruptcy Implications, Supreme Court Rejects Application of So-Called 'Bob Richards Rule'
    2020-03-11

    In its recent decision in Rodriguez v. Federal Deposit Insurance Corp., No. 18–1269 (Sup. Ct. Feb. 25, 2020), the Supreme Court held that federal courts may not apply the federal common law “Bob Richards Rule” to determine who owns a tax refund when a parent holding company files a tax return but a subsidiary generated the losses giving rise to the refund. Instead, the court should look to applicable state law.

    General Legal Background

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Tax, Kramer Levin Naftalis & Frankel LLP, Federal Deposit Insurance Corporation (USA), Supreme Court of the United States
    Authors:
    Barry Herzog , Helayne O. Stoopack , Mariya Khvatskaya , David E. Blabey, Jr , Nancy M. Bello
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    U.S. Supreme Court Rules Against Use of Bob Richards Rule to Determine Ownership of Tax Refund Within Consolidated Group: Consolidated Return Filers Should Check Their Tax Sharing Agreements Now
    2020-03-02

    On February 25, 2020, in Rodriguez v. Federal Deposit Insurance Corporation, No. 18-1269 (U.S. 2020), the U.S. Supreme Court effectively ruled that the so-called “Bob Richards rule” should not be used to determine which member of a group of corporations filing a consolidated federal income tax return is entitled to a federal income tax refund.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Kelley Drye & Warren LLP, Income tax, Internal Revenue Service (USA), Federal Deposit Insurance Corporation (USA), Supreme Court of the United States
    Authors:
    Andrew H. Lee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    High Court Tax Refund Ruling Indicates State Law Authority
    2020-03-02

    On Feb. 25, The U.S. Supreme Court issued its decision in Rodriguez v. Federal Deposit Insurance Corp.,[1] a case involving a dispute between (1) the trustee in bankruptcy of a defunct bank holding company, and (2) the FDIC, as receiver for the bank holding company’s failed bank subsidiary, over the ownership of a federal income tax refund that was payable by the U.S. Department of the Treasury to the bank holding company as the parent of a consolidated tax filing group.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Kilpatrick Townsend & Stockton LLP, Bankruptcy, Supreme Court of the United States, Tenth Circuit
    Authors:
    Todd C. Meyers , Alfred S. Lurey
    Location:
    USA
    Firm:
    Kilpatrick Townsend & Stockton LLP
    Court Holds Filing of Proof of Claim Results in Waiver of Right to Jury Trial Despite Claimants’ Purported Reservation of Rights
    2020-02-20

    The Bottom Line

    In an opinion dated Jan. 10, 2020, Bankruptcy Judge Craig A. Gargotta of the Western District of Texas (San Antonio Division) held that a creditor who submits a proof of claim in bankruptcy waives its right to a jury trial, regardless of whether the creditor has couched its claim in protective language purporting to reserve its right to a jury trial. See Schmidt v. AAF Players LLC (In re Legendary Field Exhibitions LLC), 19-05053 (Bankr. W.D. Tex. Jan. 10, 2020).

    What Happened?

    Background

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Erica D. Wolf
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    US Supreme Court Gives the Final Word: Denial of Lift Stay Motions Are Final and Immediately Appealable
    2020-02-11

    The Bottom Line

    The United States Supreme Court recently issued a unanimous decision in Ritzen Group, Inc. v. Jackson Masonry, LLC, No. 19-938 589 U.S. __ (2020), which held that a bankruptcy court’s unreserved denial of a motion for relief from the automatic stay is a final, immediately appealable order within the meaning of 28 U.S.C. 158.

    What Happened

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Supreme Court of the United States
    Authors:
    Douglas Buckley
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Bankruptcy Court Orders Denying Relief From the Automatic Stay Must Be Appealed Within 14 Days
    2020-02-17

    In most civil litigation, a party typically has no right to an appeal until the entire case is fully and finally decided as to all parties. The United States Supreme Court recently made clear, however, that bankruptcy litigation is different than most civil litigation when it unanimously held that a bankruptcy court’s order denying relief from the automatic stay is a final appealable order. SeeRitzen Group, Inc. v. Jackson Masonry, LLC, ___U.S.___, 205 L.Ed.2d 419, 422 (2020).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Vorys Sater Seymour and Pease LLP, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Tiffany Strelow Cobb , Drew T. Parobek , Daniel E. Shuey , Cauley P. Simmons
    Location:
    USA
    Firm:
    Vorys Sater Seymour and Pease LLP
    Trademark Licenses in Bankruptcy
    2020-02-04

    In May 2019, with its ruling in Mission Products Holding Inc. v. Tempnology, the US Supreme Court resolved a nationwide circuit split regarding what happens to a trademark license when the trademark owner and licensor declares bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, McDermott Will & Emery, Bankruptcy, Supreme Court of the United States
    Authors:
    Sarah Bro
    Location:
    USA
    Firm:
    McDermott Will & Emery

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 46
    • Page 47
    • Page 48
    • Page 49
    • Current page 50
    • Page 51
    • Page 52
    • Page 53
    • Page 54
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days