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    Amendments To The Federal Rules Of Bankruptcy Procedure Take Effect December 1, 2017
    2017-11-14

    Just about every year amendments are made to the rules that govern how bankruptcy cases are managed — the Federal Rules of Bankruptcy Procedure. The amendments address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others. As the photo above reminds us, the rule amendments are ultimately adopted by the U.S. Supreme Court (and technically subject to Congressional disapproval).

    Filed under:
    USA, Insolvency & Restructuring, Cooley LLP, Supreme Court of the United States
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    U.S. Supreme Court Hears Argument Today in Case Involving the Proper Determination of a Non-statutory Insider
    2017-10-31

    The U.S. Supreme Court will hear oral argument today inU.S. Bank National Association v. Village at Lakeridge (15-1509). At issue in the case is whether the appropriate standard of review for determining non-statutory insider status is the de novo standard of review applied by the U.S. Courts of Appeals for the 3rd, 7th and 10th Circuits, or the clearly erroneous standard of review adopted for the first time by the U.S. Court of Appeals for the 9th Circuit in Village at Lake Ridge.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Standard of review, Supreme Court of the United States
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Second Circuit Rules on Chapter 11 Cram-Down, Make-Whole, and Subordination Issues
    2017-10-25

    In Short

    The Situation: In In re MPM Silicones, L.L.C., secured noteholders argued that replacement notes distributed to them under a cram-down chapter 11 plan should bear market-rate interest rather than the lower formula rate proposed in the plan and that they were entitled to a make-whole premium.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Sixth Circuit
    Authors:
    Bruce Bennett , Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day
    Second Circuit Allows Efficient Market Interest Rates For Cramdown Loans
    2017-10-23

    The United States Second Circuit has issued its ruling in the Momentive Performance Materials casesresolving three separate appeals by different groups of creditors of Judge Bricetti’s judgment in the United States District Court of the Southern District of New York, which affirmed

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Sixth Circuit
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fees for Fees: Testing the Limits of ASARCO
    2017-10-13

    Unsecured creditors and other stakeholders sometimes challenge the reasonableness of fees incurred by estate professionals in a bankruptcy case. Whether this is to augment unsecured creditor recoveries or serve as a check on the private bar is in the eye of the beholder. Whatever the reason, fee litigation in bankruptcy caused many professionals to seek payment from the bankruptcy estate for any fees incurred defending against an objection to their fees.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Bankruptcy, Supreme Court of the United States, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Fees for Defending Fees - Recent Rulings Permit Contractual Circumvention of Supreme Court’s Baker Botts v. Asarco Decision
    2017-10-05

    The Supreme Court two years ago ruled in Baker Botts v. Asarco that bankruptcy professionals entitled to compensation from a debtor’s bankruptcy estate had no statutory right to be compensated for time spent defending against objections to their fee applications.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Anti-circumvention, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The Saga Continues: Who, Exactly, is a Debt Collector?
    2017-10-09

    One overarching certainty of federal debt collection law seems to be prolonged uncertainty over its appropriate scope. Is this scope about to change yet again? One recent bill called the Practice of Law Technical Clarification Act of 2017, H.R. 1849, seeks to do just that.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, US House of Representatives, US House Committee on Financial Services, Supreme Court of the United States
    Authors:
    Andrew J. Narod
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    Marathon Pipe Line: An Interview with the Lawyer Who Argued the Case and the Judge Who Decided It
    2017-10-03

    In one of the most important bankruptcy court decisions of all time, Northern Pipeline Construction Co. v. Marathon Pipe Line Co., the United States Supreme Court held that the 1979 Bankruptcy Code was unconstitutional because it lodged too much judicial power in bankruptcy judges who were not given “Article III” status, which grants lifetime tenure and salary protection and helps assure judicial independence.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA, Supreme Court of the United States, United States bankruptcy court
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Supreme Court Declines to Resolve Circuit Split on Debt Recharacterization
    2017-09-19

    On August 10, 2017, the U.S. Supreme Court rescinded the grant of certiorari in PEM Entities LLC v. Levin on the grounds that review had been “improvidently granted.” The case seemingly provided a perfect vehicle to resolve the circuit split on whether federal or state law governs debt recharacterization in bankruptcy, and less than two months after the Court first agreed to hear the case, its dismissal came as a surprise.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Skadden Arps Slate Meagher & Flom LLP, Debt, Supreme Court of the United States, United States bankruptcy court, Third Circuit, Fourth Circuit, Sixth Circuit, Tenth Circuit
    Authors:
    Christine A. Okike
    Location:
    USA
    Firm:
    Skadden Arps Slate Meagher & Flom LLP
    Can Same-Sex Couples Own Real Property as Tenants by the Entirety in Michigan?
    2017-09-06

    Two years have passed since the United States Supreme Court passed down a 5-4 decision in Obergefell v. Hodges which held that same-sex couples have a fundamental right to marry under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Real Estate, Foster Swift Collins & Smith PC, Obergefell v. Hodges, Supreme Court of the United States
    Authors:
    Steven L. Owen
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC

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