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    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
    Unanimous Supreme Court Restricts Application of Federal Common Law and Invalidates Bob Richards Doctrine in Tax Refund Disputes
    2020-02-26

    In a unanimous decision written by Justice Neil Gorsuch (Rodriquez v. FDIC No 18-12690), the Supreme Court vacated a decision by the U.S. Court of Appeals for the Tenth Circuit (In reUnited Western Bancorp, Inc., 914 F. 3d 1262 (10th Cir, 2019)) that awarded a federal income tax refund of a failed bank to the Federal Deposit Insurance Corporation as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Greenberg Traurig LLP, Tax Cuts and Jobs Act 2017 (USA), Tenth Circuit
    Authors:
    Kenneth Zuckerbrot
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    SCOTUS to decide who gets a consolidated group’s tax refund when a bankruptcy intervenes?
    2019-12-06

    The U.S. Supreme Court heard oral arguments on December 3, 2019 in Simon E. Rodriguez v. Federal Deposit Insurance Corp., 18-1269 (Sup. Ct.).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Akerman LLP, Federal Deposit Insurance Corporation (USA), Tax Cuts and Jobs Act 2017 (USA), Supreme Court of the United States, Tenth Circuit
    Authors:
    David Evan Otero
    Location:
    USA
    Firm:
    Akerman LLP
    Washington District Court Overturns Approval of Third-Party Releases in a Settlement Agreement and Related Free-and-Clear Sale
    2019-08-19

    For nearly 25 years, courts in the Ninth Circuit have consistently refused to sanction nonconsensual third-party releases as part of chapter 11 plans. A ruling recently handed down by the U.S. District Court for the District of Washington reaffirms and extends that proposition. In In re Fraser’s Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar.

    Filed under:
    USA, Washington, Insolvency & Restructuring, Insurance, Litigation, Jones Day, Debtor, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court, Fifth Circuit, Tenth Circuit
    Authors:
    Daniel J. Merrett (Dan) , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Tenth Circuit B.A.P. on Novinda’s Classification: No Gerrymandering, No(n)-Creditor Interest, No Problem
    2018-08-20

    Recently in Novinda,1 the Tenth Circuit Bankruptcy Appellate Panel2 upheld the separate classification of creditor claims in a chapter 11 plan on the basis that, among other things, such c

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Breach of contract, Tenth Circuit
    Authors:
    Andriana Georgallas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    SCOTUS Rules that Bankruptcy Code Safe Harbor Does Not Protect Transfers in Which Financial Institutions Are “Mere Conduits”
    2018-03-01

    On February 27, 2018, the United States Supreme Court in a significant ruling held in Merit Management Group, LP v. FTI Consulting, Inc. that transfers of property of a debtor in which financial institutions are mere conduits or intermediaries may be avoidable. The Court ruled that the safe harbor provisions of section 546(e) of the Bankruptcy Code do not protect such transfers from avoidance.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Supreme Court of the United States, Eleventh Circuit, Seventh Circuit, Tenth Circuit
    Authors:
    Paul N. Silverstein , David A. Zdunkewicz
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    10th Cir. Holds Borrower’s FDCPA, Other Claims Not Barred by Rooker-Feldman After Non-Judicial Foreclosure
    2018-02-12

    The U.S. Court of Appeals for the Tenth Circuit recently held that the Rooker-Feldman doctrine did not bar the trial court from considering the plaintiff’s claims because she was not challenging or seeking to set aside an underlying non-judicial mortgage foreclosure proceeding under Colorado law.

    Accordingly, the Tenth Circuit remanded to the trial court to determine what effect, if any, the non-judicial proceeding had under the doctrines of issue and claim preclusion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, Foreclosure, Deed of trust (real estate), Fair Debt Collection Practices Act 1977 (USA), Real Estate Settlement Procedures Act 1974 (USA), Tenth Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    10th Circuit says FDCPA does not cover non-judicial foreclosures
    2018-01-25

    On January 19, the U.S. Court of Appeals for the 10th Circuit affirmed a lower court decision that the Fair Debt Collection Practices Act (FDCPA) does not cover non-judicial foreclosures in Colorado.

    Filed under:
    USA, Colorado, Company & Commercial, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Foreclosure, Fair Debt Collection Practices Act 1977 (USA), Tenth Circuit
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    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
    Tenth Circuit Strengthens Circuit Split--Supporting the Minority Position That Passive Retention of Property Does Not Violate the Automatic Stay in Bankruptcy
    2017-07-31

    A common issue that arises in many bankruptcy cases is whether a creditor who refuses to return collateral that he repossessed prior to the petition date violates the automatic stay. In February, the Tenth Circuit widened a circuit split by adopting the minority position that to violate the automatic stay in bankruptcy a creditor must take action, not merely retain the property of the estate. The Bankruptcy Code's automatic stay provision, 11 U.S.C. 362, prohibits any post-petition "act to obtain possession of property of the estate or ...

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Bankruptcy, United States bankruptcy court, Tenth Circuit
    Authors:
    Jarrett L. Hale , Eric W. Flynn , Tara L. Elgie , Gregory G. Hesse , Abigail M. Lyle
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP

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