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    What the U.S. Supreme Court’s unamimous decision in a homestead exemption case says about the power of bankruptcy courts in business cases
    2014-03-05

    It seems that most bankruptcy decisions by the U.S. Supreme Court involve individual debtors, and the Supreme Court’s latest opinion is no exception. Even though the decision is not in a business bankruptcy case, it examines the bankruptcy court’s powers under Section 105(a) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cooley LLP, Bankruptcy, Debtor, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Supreme Court issues decision in Law v. Siegel, eliminating ability to impose surcharge on exempt property unless explicitly authorized by Bankruptcy Code
    2014-03-07

    On March 4, 2014, the Supreme Court issued a unanimous opinion in Law v. Seigel, Case No. 12-5196, 571 U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Glusker Fields Claman & Machtinger LLP, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    Credit bidding: secured creditors face new risks
    2014-02-26

    A recent decision in the bankruptcy case of Fisker Automotive Holdings, Inc., et al. has called into question a long-held belief that secured creditors hold dear: that debt purchased at a discount can nonetheless be credit bid at its full face amount at a collateral sale. While it remains to be seen how other courts will interpret Fisker, this decision has the potential to restrict participation in Bankruptcy Code section 363 sales and dampen liquidity in the robust secondary markets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Debt, Secured creditor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Safe harbour neither bars nor pre-empts state law fraudulent transfer claims
    2014-02-21

    Introduction
    Federal pre-emption
    Section 546(e) safe harbour
    Tribunecase and decision
    Lyondell: background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Caplin & Drysdale, Chartered, Bankruptcy, Unsecured debt, US Congress, Title 11 of the US Code
    Authors:
    Jeffrey A. Liesemer
    Location:
    USA
    Firm:
    Caplin & Drysdale, Chartered
    The Bankruptcy Code v. the Fair Debt Collection Practices Act: who wins?
    2014-02-24

    The case of Simon v. FIA Card, Services, N.A., recently decided by the Third Circuit, demonstrates the potential for conflicts between the Bankruptcy Code and the Fair Debt Collection Practices Act (“FDCPA”) and emphasizes that banks should approach bankruptcy debtors with caution.

    Filed under:
    USA, Insolvency & Restructuring, Spencer Fane LLP, Debtor, Debt, Title 11 of the US Code, Fair Debt Collection Practices Act 1977 (USA), Third Circuit
    Authors:
    Heather M. Morris
    Location:
    USA
    Firm:
    Spencer Fane LLP
    How Fisker changes the bankruptcy asset sale landscape
    2014-02-25

    Law360, New York (February 25, 2014, 1:26 PM ET) -- In the Chapter 11 bankruptcy of Fisker Automotive Holdings Inc., a manufacturer of hybrid electric vehicles, the U.S. Bankruptcy Court for the District of Delaware recently ruled that the proposed stalking horse purchaser of substantially all of Fisker’s assets in a sale under Section 363 of the Bankruptcy Code was entitled to credit bid only a fraction of its secured claim. In re Fisker Auto. Holdings Inc., No. 13087 (Bankr. D. Del. Jan. 17, 2014) [Docket No. 483].

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Choate Hall & Stewart LLP, Bankruptcy, Debtor, Secured creditor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Douglas R. Gooding , Meg McKenzie Feist , Drew Goodwin
    Location:
    USA
    Firm:
    Choate Hall & Stewart LLP
    Tuition clawback in bankruptcy cases
    2014-02-25

    Numerous bankruptcy trustees have attempted to claw back from colleges and universities — and even from private elementary and secondary schools — the tuition payments that parents made on behalf of their children, when the parents subsequently filed for bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Debtor, Consideration, Title 11 of the US Code, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    IP licensee protection recognized in Chapter 15 foreign bankruptcy proceeding
    2014-02-13

    In Jaffé v. Samsung Electronics Company, Limited,1 a Court of Appeals protected the rights of cross- licensees of a German debtor’s American patents by applying the U.S. Bankruptcy Code, instead of inconsistent German law. Specifically, in Chapter 15 U.S. bankruptcy proceedings ancillary to German insolvency proceedings, the administrator notified certain cross-licensees of the debtor’s patents that their cross-licenses were not enforceable under German law. The cross-licensees argued that under U.S. law, they had the option to retain their rights under the cross-licenses.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Cahill Gordon & Reindel LLP, Bankruptcy, Debtor, Samsung, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Joel H. Levitin , Richard A. Stieglitz Jr. , Maya Peleg
    Location:
    USA
    Firm:
    Cahill Gordon & Reindel LLP
    Second Circuit rules that foreign debtor's insolvency proceeding may not be recognized under chapter 15 unless debtor has place of business or property in the U.S.
    2014-01-31

    The U.S. Court of Appeals for the Second Circuit recently held in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 2013 BL 341634 (2d Cir. Dec. 11, 2013), that section 109(a) of the Bankruptcy Code, which requires a debtor "under this title" to have a domicile, a place of business, or property in the U.S., applies in cases under chapter 15 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Liquidation, UNCITRAL, Title 11 of the US Code, Second Circuit
    Authors:
    Veerle Roovers , Jordan M. Schneider
    Location:
    USA
    Firm:
    Jones Day
    Southern District of New York deepens internal split over loophole in bankruptcy safe harbor for capital markets transactions
    2014-01-24

    The Bankruptcy Court for the Southern District of New York recently held in Edward S. Weisfelner, as Litigation Trustee of the LB Creditor Trust v. Fund 1., et al.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, Commodity broker, Leveraged buyout, Title 11 of the US Code
    Authors:
    Brian Trust , Joel Moss , Joaquin M. C De Baca
    Location:
    USA
    Firm:
    Mayer Brown

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