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    Fourth Circuit holds that chapter 7 trustees are entitled to commission-based payments in the absence of extraordinary circumstances
    2014-06-06

    Professional compensation is often a contentious issue in bankruptcy, as we have previously discussed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code, Trustee, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fourth Circuit weighs in on good-faith defense to avoidance of fraudulent transfer
    2014-05-28

    Recent Developments in Bankruptcy and Restructuring
    Volume 13 l No. 3 l May–June 2014 JONES DAY
    Business
    Restructuring
    Review
    Eighth Circuit Expands Subsequent New Value
    Preference Defense in Cases Involving Three-Party
    Relationships
    Charles M Oellermann and Mark G. Douglas
    A bankruptcy trustee or chapter 11 debtor-in-possession has the power under section
    547 of the Bankruptcy Code to avoid a transfer made immediately prior to
    bankruptcy if the transfer unfairly prefers one or more creditors over the rest of

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Jones Day
    Chapter 11 plan payment of official committee members’ legal fees disallowed absent showing of substantial contribution
    2014-05-28

    In the March/April 2014 issue of Business Restructuring Review, we discussed a recent trend among bankruptcy courts in the Southern District of New York confirming chapter 11 plans containing provisions that treat the fees and expenses of unofficial committees or individual official committee members as administrative expenses without the need to demonstrate that the applicants made a “substantial contribution” to the estate, as required by sections 503(b)(3)(D) and 503(b)(4) of the Bankruptcy Code. See, e.g., In re AMR Corp., 497 B.R. 690 (Bankr. S.D.N.Y.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Eighth Circuit expands subsequent new value preference defense in cases involving three-party relationships
    2014-05-28

    Recent Developments in Bankruptcy and Restructuring
    Volume 13 l No. 3 l May–June 2014 JONES DAY
    Business
    Restructuring
    Review
    Eighth Circuit Expands Subsequent New Value
    Preference Defense in Cases Involving Three-Party
    Relationships
    Charles M Oellermann and Mark G. Douglas
    A bankruptcy trustee or chapter 11 debtor-in-possession has the power under section
    547 of the Bankruptcy Code to avoid a transfer made immediately prior to
    bankruptcy if the transfer unfairly prefers one or more creditors over the rest of

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Title 11 of the US Code, Eighth Circuit
    Location:
    USA
    Firm:
    Jones Day
    Here comes the judge: Supreme Court to rule on creditor protection in bankruptcy for inherited IRAs
    2014-05-19

    In 2012, the Fifth Circuit ruled in In re Chilton that inherited IRAs constituted retirement funds within the “plain meaning” of §522 of the Bankruptcy Code and were thus exempt from the bankruptcy estate, under § 522(d)(12) (the federal exemptions). See our prior discussion of this case here.

    After Chilton, many thought the issue was settled.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Interest, Title 11 of the US Code, Supreme Court of the United States, Fifth Circuit, Seventh Circuit
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Debtor's estate set to expand or contract based on Supreme Court ruling in Clark v. Rameker
    2014-05-20

    Before the Supreme Court this term is the question of whether a beneficiary individual retirement account (an “Inherited IRA”) is exempt from a debtor’s bankruptcy estate under 11 U.S.C. § 522(b)(3)(C) and (d)(12)2 of the Bankruptcy Code. The issue turns on 1) whether the funds in an Inherited IRA are “retirement funds,” and 2) whether an Inherited IRA is considered tax exempt under the Internal Revenue Code (the “Tax Code”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Marc P. Solomon , Hanna Lahr
    Location:
    USA
    Firm:
    Burr & Forman LLP
    District Court vacates decision in Lehman Brothers Bankruptcy case
    2014-05-09

    Often times indenture trustees seek to sit on creditors committees in furtherance of their fiduciary duties to holders. Obviously, the professional fees and expenses can be paid as a first priority pursuant to a charging lien as provided for under the indenture documents. The payment of such fees and expenses becomes an issue, however, when there are no plan distributions to holders or the plan distributions are illiquid or non-cash.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, ArentFox Schiff, Fiduciary, Lehman Brothers, Title 11 of the US Code
    Authors:
    Ronni N. Arnold , Leah M. Eisenberg , Andrew I. Silfen
    Location:
    USA
    Firm:
    ArentFox Schiff
    Seventh Circuit Court of Appeals reverses District Court, follows trend of applying Bankruptcy Code safe harbors literally and expansively
    2014-05-05

    INTRODUCTION

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Security (finance), Safe harbor (law), Title 11 of the US Code, Seventh Circuit
    Authors:
    Luke A. Sizemore
    Location:
    USA
    Firm:
    Reed Smith LLP
    In re Free Lance-Star Publishing Co.—Virginia Bankruptcy Court restricts secured creditor's ability to credit bid
    2014-04-28

    The United States Bankruptcy Court for the Eastern District of Virginia (the “Court”) issued an opinion limiting the ability of a “loan to own” secured creditor to credit bid at an auction for the sale of substantially all of the debtors’ assets.1 The Court focused on the fact that the creditor’s conduct interfered with the sale process and was motivated by its desire to “own the Debtors’ business” rather than to have its d

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, King & Spalding LLP, Debtor, Secured creditor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sarah Borders , Jeffrey Dutson , Karen D Visser
    Location:
    USA
    Firm:
    King & Spalding LLP
    The Tenth Circuit BAP affirms a bankruptcy court's ability to recharacterize debt to equity
    2014-04-22

    Despite the absence of any provision in the Bankruptcy Code expressly authorizing the recharacterization of a debt claim to an equity interest, it generally is well-established that recharacterization is within the broad powers afforded a bankruptcy court under section 105(a) of the Bankruptcy Code and is necessary for the proper application of the Bankruptcy Code’s priority scheme.1  In a recharacterization analysis, a

    bankruptcy court ignores the labels of a transaction, examines the facts, and determines whether a

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Debt, Certificate of deposit, Title 11 of the US Code, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP

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