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    Tennessee Bankruptcy Court weighs in on “bid chilling” as basis of “for cause” limitation on secured creditor’s credit bid right
    2014-09-04

    In earlier posts, we discussed rulings by two bankruptcy courts, one in Delaware and one in Virginia, in which the potential chilling e

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Dykema Gossett PLLC, Secured creditor, United States bankruptcy court
    Authors:
    Brian J. Page
    Location:
    USA
    Firm:
    Dykema Gossett PLLC
    Avoid the “insolvency exclusion” trap in E&O policies: Tennessee federal court confirms that insolvency exclusion does not apply to E&O claim brought by bankruptcy trustee against financial institution
    2014-08-05

    As the wave of litigation spawned by the 2008 financial crisis begins to ebb, insurance-coverage litigation arising out of the credit crisis continues unabated. Financial institutions have successfully pursued insurance coverage for many credit-crisis claims under directors and officers (D&O) and errors and omissions (E&O) policies that they purchased to protect themselves against wrongful-act claims brought by their customers, but in response, some insurers continue to raise inapplicable exclusions in an attempt to diminish or limit coverage for their policyholders.

    Filed under:
    USA, Tennessee, Banking, Insolvency & Restructuring, Litigation, King & Spalding LLP
    Authors:
    Anthony P Tatum (Tony) , Shelby S Guilbert Jr , Michael B Wakefield
    Location:
    USA
    Firm:
    King & Spalding LLP
    Sixth Circuit finds no bankruptcy exception to prohibition against direct actions in Tennessee
    2014-02-24

    The Court of Appeals for the Sixth Circuit held that no exception exists to Tennessee’s general prohibition on direct actions against an insurer, even in cases where the insured has declared bankruptcy triggering an automatic stay before a judgment in the underlying action.  Mauriello v. Great American E&S Insurance Co., 2014 WL 321921 (6th Cir. Jan. 30, 2014).  In so holding, the Sixth Circuit reasoned that an adequate remedy remains notwithstanding the automatic stay for a claimant to obtain a judgment against a bankrupt insured.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Direct action, United States bankruptcy court, Sixth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy court refuses to pierce the veil of Tennessee LLC
    2012-10-16

    The U.S. Bankruptcy Court for the Eastern District of Tennessee ruled in August that an LLC’s creditor could not pierce the LLC’s veil to assert its claim against the LLC’s sole member. In a twist, the LLC’s member, not the LLC, was the debtor in bankruptcy. In re Steffner, No. 11-51315, 2012 WL 3563978 (Bankr. E.D. Tenn., Aug. 17, 2012).

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Stoel Rives LLP, Bankruptcy, Debtor, Limited liability company, Unsecured creditor, United States bankruptcy court
    Location:
    USA
    Firm:
    Stoel Rives LLP
    Does your firm's standard lien language create a possibility that your customer IRAs may lose their tax exempt status and protection from third-party creditors?
    2012-02-27

    It is not uncommon for firms to use standard language in their account agreements that creates liens on Individual Retirement Accounts (IRAs). Two recent federal court decisions, however, suggest that granting such a lien on an IRA may constitute a prohibited transaction that causes these accounts to lose their tax exempt status, which in turn could potentially make IRAs subject to third-party creditor claims. These two decisions could have far-reaching implications for any firm that has used or still uses similar lien-creating language in their account agreements.

    Filed under:
    USA, California, Tennessee, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Tax exemption, Debtor, Merrill, United States bankruptcy court
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Judicial Panel on Multidistrict Litigation transfers case filed by Tennessee Insurance Commissioner involving Reciprocal of America to pending MDL action
    2008-07-15

    The Tennessee Insurance Commissioner, as liquidator for three risk retention groups, sued General Reinsurance Corp, Milliman, Price Waterhouse Coopers, Wachovia Bank and others in Tennessee state court, alleging a broad based conspiracy and fraud in a reinsurance program involving Reciprocal of America.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Jorden Burt LLP, Fraud, Reinsurance, Conspiracy (criminal), Liquidator (law), Computer program, Insurance commissioner
    Location:
    USA
    Firm:
    Jorden Burt LLP
    ‘Hell or high water’ provisions — Wells Fargo v Mountain Rentals of Gatlinburg, Inc
    2009-01-19

    The Court of Appeals of Tennessee confirmed that an equipment lessor is entitled to enforce the “hell or high water” provision of an equipment lease.  

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Reed Smith LLP, Fraud, Liquidated damages, Warranty, Unconscionability, Default (finance), Standard form contract, Wells Fargo, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    Reed Smith LLP
    The Sixth Circuit Weighs in on the Phrase “Applicable Nonbankruptcy Law” Under the Bankruptcy Code
    2017-02-24

    In Metropolitan Government of Nashville & Davidson County v. Hildebrand, the Sixth Circuit explains how to read the phrase “applicable nonbankruptcy law” as used in the Bankruptcy Code. The chapter 13 individual bankruptcy case discussed the phrase in the context of 11 U.S.C. § 511(a), which provides that the appropriate interest rate for tax claims is whatever “applicable nonbankruptcy law” provides.

    The decision

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Sixth Circuit
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs
    There’s a thin line between equity and debt: affiliates, advances and avoiding recharacterization
    2014-12-03

    Although likely not the intent of In re Siag Aerisyn, LLC, a recent decision from the United States Bankruptcy Court for the Eastern District of Tennessee Southern Division, some might argue that the opinion serves as a how-to guide for masking a capital contribution by an affiliate as a loan constituting bona fide debt.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Interest, Debt, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Sixth Circuit finds no bankruptcy exception to prohibition against direct actions in Tennessee
    2014-02-24

    The Court of Appeals for the Sixth Circuit held that no exception exists to Tennessee’s general prohibition on direct actions against an insurer, even in cases where the insured has declared bankruptcy triggering an automatic stay before a judgment in the underlying action.  Mauriello v. Great American E&S Insurance Co., 2014 WL 321921 (6th Cir. Jan. 30, 2014).  In so holding, the Sixth Circuit reasoned that an adequate remedy remains notwithstanding the automatic stay for a claimant to obtain a judgment against a bankrupt insured.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, United States bankruptcy court, Sixth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP

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