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
    The Tenth Circuit joins the Sixth, Seventh and Ninth Circuits in holding that a first-time transaction may qualify for the ordinary course defense under 11 U.S.C. sec. 547(c)
    2015-11-10

    In issuing its decision in Jubber v. SMC Electrical Products, Inc. (In re C.W. Mining Company), 2015 WL 4717709 (10th Cir. 2015), the Tenth Circuit joined the Sixth, Seventh and Ninth Circuits in holding that a first-time transaction between the debtor and a creditor may qualify for the ordinary course defense of § 547(c).1  In C.W.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Ninth Circuit, Seventh Circuit, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Making a clean break, part II: Tenth Circuit sheds light on reasonably equivalent value for severance
    2015-11-10

    We recently blogged about Weinman v. Walker (In re Adam Aircraft Industries, Inc.), a decision from the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Tenth Circuit
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court jester: Tenth Circuit BAP not amused by Jester’s attempt to reopen case
    2015-11-09

    For those readers who have a sophisticated understanding of bankruptcy law, the holdings of Jester v. Wells Fargo Bank, N.A. (In re Jester) will not be surprising.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Foreclosure, Bankruptcy Appellate Panel, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Tenth Circuit saves insider’s severance payments
    2015-10-26

    A terminated officer of a corporate debtor, who bargained for “18 months of severance ( … $375,000 … ) to ensure that his firing not disrupt [the debtor’s] negotiations for $80 million” of financing gave the debtor “reasonably equivalent value,” held the U.S. Court of Appeals for the Tenth Circuit on Oct. 15, 2015. In re Adam Aircraft Industries, Inc., 2015 U.S. App. LEXIS 17930, at *27 (10th Cir. Oct. 15, 2015).

    Filed under:
    USA, Banking, Employment & Labor, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Debtor, Severance package, Tenth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Tenth Circuit holds that U.S. Supreme Court decisions in Law v. Siegel and Travelers Casualty v. Pacific Gas & Electric do no change established Tenth Circuit law on recharacterization of debt to equity
    2015-10-13

    Recently, the Tenth Circuit considered a case involving the question of whether the U.S. Supreme Court’s decisions in Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Co., 549 U.S. 443 (2007) and in Law v. Siegel, 134 S. Ct. 1188 (2014) affected established Tenth Circuit precedent that a bankruptcy court’s authority to recharacterize debt as equity arises under 11 U.S.C. § 105(a).  In its decision inRedmond v. Jenkins, et al (In re Alternate Fuels, Inc.), 789 F.3d 1139 (10th Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    “Ordinary” doesn’t always mean “often”: Tenth Circuit holds that first-time transaction can qualify for the ordinary course of business exception under Section 547
    2015-08-21

    Payments made by a debtor within 90 days of a bankruptcy petition are generally avoidable as preferences under section 547 of the Bankruptcy Code.  Many exceptions and defenses exist, however, to ensure that creditors are not discouraged from conducting business with companies that may be at risk of filing

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Tenth Circuit confirms that a single payment on new purchase contract may satisfy ordinary course defense under 11 U.S.C. § 547(C)(2)
    2015-08-23

    In Jubber v. SMC Electrical Products, Inc. et al. (In re C.W. Mining Co.), Case No. 13-4175 (Aug. 10, 2015), the Tenth Circuit Court of Appeals confirmed that a single payment made by a debtor within the 90-day preference period to a seller, with whom the debtor had never done business, may satisfy the elements to be a payment in the “ordinary course” and, thus, not subject to a preference claim by the trustee.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stinson LLP, Tenth Circuit
    Authors:
    Andrew Muller
    Location:
    USA
    Firm:
    Stinson LLP
    Tenth Circuit insulates first-time transaction from preference attack
    2015-08-19

    A “first-time transaction can qualify” for the ordinary course of business exception to the preference recovery provision of the Bankruptcy Code (“Code”), held the U.S. Court of Appeals for the Tenth Circuit on Aug. 10, 2015. In re C.W. Mining Co., 2015 WL 4717709 (10th Cir. Aug. 10, 2015).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Tenth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Tenth Circuit declares “no recharacterization without justification”
    2015-07-30

    Recharacterization: an overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Same dollars, different treatment: Tenth Circuit holds that distributions from a retirement plan do not fall within the Colorado state law exemption statute
    2015-07-16

    Although almost all of an individual debtor’s assets become property of the estate upon a bankruptcy filing, certain exceptions exist to the rule at both the federal and state level.  In some jurisdictions, funds held for a debtor in retirement plans are exempt assets.  An open question, however, is whether payments distributed from such plans prior to the petition date are also exempt assets.  The United States Court of Appeals for the Tenth Circuit recently held in 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Deferred compensation, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • Current page 10
    • Page 11
    • Page 12
    • Page 13
    • Page 14
    • …
    • 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