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    Bankruptcy Code—Section 546(e) Safe Harbor
    2018-02-27

    Bankruptcy Code—Section 546(e) Safe Harbor

    Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Supreme Court of the United States
    Location:
    USA
    Firm:
    Mayer Brown
    US Supreme Court Addresses Safe Harbor Under Bankruptcy Code
    2018-02-27

    Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784 (2018)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Supreme Court of the United States
    Authors:
    Thomas S. Kiriakos , Sean T. Scott , Tyler R. Ferguson
    Location:
    USA
    Firm:
    Mayer Brown
    Supreme Court Narrows Bankruptcy “Safe Harbor” Fraudulent Transfer Protections
    2018-02-28

    On February 27, 2018, the U.S. Supreme Court issued a ruling that will make it easier for bankruptcy trustees, creditors’ committees, and other bankruptcy estate representatives to claw back payments made to shareholders in leveraged buyouts and dividend recapitalizations.

    Constructive Fraudulent Transfer Claims and the Securities Safe Harbor

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Ropes & Gray LLP, Supreme Court of the United States
    Authors:
    Gregg M. Galardi , James M. Wilton , Stephen Moeller-Sally , William M. Shields , David Blittner
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Revised Bankruptcy Rule 3002 - Changes Affecting Proofs of Claim
    2018-01-26

    The United States Supreme Court adopted revisions to the Federal Rules of Bankruptcy Procedure (“Bankruptcy Rules”), which went into effect on December 1, 2017. The revised Rules apply to all bankruptcy cases commenced on or after December 1, 2017, and may apply to cases commenced prior to such date if application is determined by the bankruptcy court to be “just and practicable.”

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Phillips Lytle LLP, Supreme Court of the United States
    Authors:
    Nickolas Karavolas , William J. Brown
    Location:
    USA
    Firm:
    Phillips Lytle LLP
    Supreme Court to Consider Limitation on Bankruptcy Trustee Avoidance Powers: Transfers Through "Conduits" at Issue
    2017-12-12

    In bankruptcy, one of the “powers” granted to a trustee is the ability to undo previously completed transactions in order to facilitate payments to creditors. However, the Bankruptcy Code prevents a trustee from unwinding certain types of transactions. The safe harbor provision of 11 U.S.C. § 546(e) protects financial institutions performing securities transactions from having to disgorge payments initially made by a now bankrupt company.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Title 11 of the US Code, Supreme Court of the United States, US District Court for Northern District of Illinois
    Authors:
    H. Jason Gold , David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Applying Jevic: How Courts Are Interpreting and Applying the Supreme Court’s Ruling on Structured Dismissals and Priority Skipping
    2017-12-04

    The Bankruptcy Protector

    Back in September, the Bankruptcy Protector announced that was introducing a new periodic series: theJevic Files. As promised, we have published intermittent updates identifying cases where Jevic priority skipping issues are raised and adjudicated.

    In this post, we attempt to provide a succinct summary of all cases decided post-Jevic.

    How Courts Are Applying Jevic

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Federal Arbitration Act 1926 (USA), Supreme Court of the United States
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Bankruptcy opinions within a day or two of issuance from the Western and Eastern Districts of Kentucky, the Northern and Southern Districts of Indiana, the Sixth and Seventh Circuits, and the U.S. Supreme Court
    2017-12-04

    (B.A.P. 6th Cir. Nov. 28, 2017)

    The Sixth Circuit B.A.P. affirms the bankruptcy court’s dismissal of the Chapter 12 bankruptcy case. The court finds that the bankruptcy court failed to give the debtor proper notice and opportunity to be heard prior to the dismissal. However, the violation of due process was harmless error. The delay in filing a confirmable plan and continuing loss to the estate warranted the dismissal. Opinion below.

    Judge: Preston

    Attorney for Appellant: Heather McKeever

    Filed under:
    USA, Insolvency & Restructuring, Stoll Keenon Ogden PLLC, Bankruptcy, Supreme Court of the United States, United States bankruptcy court, Sixth Circuit, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Solicitor General recommends US Supreme Court review in dischargeability case
    2017-11-27

    On November 9, responding to a request from the U.S. Supreme Court, the Solicitor General filed a brief at the Court recommending that the petition for writ of certiorari in Lamar, Archer & Cofrin, LLP v. Appling, No. 16-11911, be granted. The petition, seeking review of a unanimous panel decision of the Eleventh Circuit, presents the question of “whether (and, if so, when) a statement concerning a specific asset can be a ‘statement respecting the debtor's . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Patterson Belknap Webb & Tyler LLP, Supreme Court of the United States, Eleventh Circuit
    Authors:
    Daniel A. Lowenthal , Jonah Wacholder
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Ninth Circuit: Federal Law Governs Substantive Consolidation, and Supreme Court’s Siegel Ruling Does Not Bar Consolidation of Debtors and Nondebtors
    2017-11-22

    In Clark’s Crystal Springs Ranch, LLC v. Gugino (In re Clark), 692 Fed. Appx. 946, 2017 BL 240043 (9th Cir. July 12, 2017), the U.S. Court of Appeals for the Ninth Circuit ruled that: (i) the remedy of "substantive consolidation" is governed by federal bankruptcy law, not state law; and (ii) because the Bankruptcy Code does not expressly forbid the substantive consolidation of debtors and nondebtors, the U.S. Supreme Court’s decision in Law v. Siegel, 134 S. Ct. 1188 (2014), does not bar bankruptcy courts from ordering the remedy.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Aaron M. Gober-Sims , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    In Brief: Bankruptcy Court Rules That It Has Constitutional Authority to Grant Nonconsensual Releases in Chapter 11 Plan
    2017-11-22

    In In re Millennium Lab Holdings II, LLC, 2017 BL 354864 (Bankr. D. Del. Oct. 3, 2017), the U.S. Bankruptcy Court for the District of Delaware ruled that it had the constitutional authority to grant nonconsensual third-party releases in an order confirming the chapter 11 plan of laboratory testing company Millennium Lab Holdings II, LLC ("Millennium"). In so ruling, the court rejected an argument made by a group of creditors that a provision in Millennium’s plan releasing racketeering claims against the debtor’s former shareholders was prohibited by the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Shareholder, Federal Reporter, Limited liability company, Subject-matter jurisdiction, Leverage (finance), False Claims Act 1863 (USA), Supreme Court of the United States, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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