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    Eighth Circuit Rejects Ponzi Scheme Presumption To Protect Legitimate Loan Repayments
    2018-11-29

    “… Ponzi scheme payments to satisfy legitimate antecedent debts to defendant banks could not be avoided” by a bankruptcy trustee “absent transaction-specific proof of actual intent to defraud or the statutory elements of constructive fraud – transfer by an insolvent debtor who did not receive reasonably equivalent value in exchange,” held the U.S. Court of Appeals for the Eighth Circuit on Nov. 20, 2018. Stoebner v. Opportunity Finance LLC, 2018 WL 6055636 at *4 (8th Cir. Nov. 20, 2018), citing Finn v. Alliance Bank, 860 N.W. 2d 638, 653-56 (Minn. 2015).

    Filed under:
    USA, Minnesota, Texas, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Schulte Roth & Zabel LLP, Eighth Circuit, U.S. Court of Appeals
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Opinion of Interest - In re Orexigen Therapeutics Inc.: “Mutual” Means Mutual Third Circuit Confirms that Triangular Setoffs not Entitled to Protection under Section 553 of the Bankruptcy Code
    2021-04-19

    In its recent opinion arising out of the Orexigen Therapeutics Inc.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, U.S. Court of Appeals
    Authors:
    Alexander F. Berk , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Opinion of Interest - Henry Hobbs Jr. v. Buffets LLC
    2020-11-11

    In Henry Hobbs Jr. v. Buffets LLC the United States Court of Appeals for the Fifth Circuit upheld the constitutionality of a recent increase in United States Trustees fees that are charged to Chapter 11 debtors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, U.S. Court of Appeals
    Authors:
    Sean T. Scott , Aaron Gavant , Alexander F. Berk , Samuel R. Rabuck
    Location:
    USA
    Firm:
    Mayer Brown
    Marblegate Under Attack! Or Not? Out-of-Court Bond Restructurings in Light of NY Court of Appeals Decision in CNH Diversified
    2020-11-03

    In its October 22, 2020, CNH Diversified Opportunities Master Account, L.P. v.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, U.S. Court of Appeals
    Authors:
    Samuel R. Rabuck , Aaron Gavant , Sean T. Scott , Matthew V. Wargin
    Location:
    USA
    Firm:
    Mayer Brown
    Ninth CIRC. Bankruptcy appellate panel tackles property and creditor's reach in 'juarez'
    2020-06-26

    InIn re Juarez, 603 B.R. 610 (9th Cir. BAP 2019), the Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Ninth Circuit addressed a question of first impression in the circuit with respect to property that is exempt from creditor reach: it adopted the view that, under the "new value exception" to the "absolute priority rule," an individual Chapter 11 debtor intending to retain such property need not make a "new value" contribution covering the value of the exemption.

    Background

    Filed under:
    USA, Arizona, Insolvency & Restructuring, Litigation, Duane Morris LLP, Breach of contract, Fraud, Ninth Circuit, United States bankruptcy court, U.S. Court of Appeals
    Authors:
    Rudolph J. Di Massa, Jr. , Malcolm Bates
    Location:
    USA
    Firm:
    Duane Morris LLP
    First CIRC.: no 'reasonably equivalent value' in exchange for tuition payments
    2020-05-21

    In In re Palladino, 942 F.3d 55 (1st Cir. 2019), the U.S. Court of Appeals for the First Circuit addressed whether a debtor receives “reasonably equivalent value” in exchange for paying his adult child’s college tuition. The Palladino court answered this question in the negative, thereby contributing to the growing circuit split regarding the avoidability of debtors’ college tuition payments for their adult children as constructively fraudulent transfers.

    Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Title 11 of the US Code, US Securities and Exchange Commission, United States bankruptcy court, First Circuit, U.S. Court of Appeals
    Authors:
    Rudolph J. Di Massa, Jr. , Elisa Hyder
    Location:
    USA
    Firm:
    Duane Morris LLP
    The Barton Doctrine After Dismissal: Protection Denied
    2020-11-02

    The United States Court of Appeals for the Eleventh Circuit recently issued an opinion that calls into question the long-held Barton doctrine following the dismissal of a bankruptcy case and thus the jurisdiction of that court. In Tufts v. Hay, No. 19-11496 --- F.3d ----, 2020 WL 6144563 (11th Cir. Oct. 20, 2020), the court considered where a litigant may bring suit against counsel appointed by a bankruptcy court after the bankruptcy case was dismissed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Eleventh Circuit, U.S. Court of Appeals
    Authors:
    Woods Drinkwater
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    3rd Circ.’s New Damages Formula for Entireties Fraud Cases
    2019-03-07

    Law360

    Reprinted with permission from Law360

    In a Feb. 20, 2019, opinion in In re Titus,[1] the U.S. Court of Appeals for the Third Circuit, in an opinion authored by Judge Thomas Ambro, announced a new test for calculating damages in fraudulent transfer actions involving tenancy by the entireties transfers.

    Facts

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Cram-Down Chapter 11 Plan Need Not Strictly Enforce Subordination Agreement
    2020-12-11

    In the latest chapter of more than a decade of contentious litigation surrounding the 2007 leveraged buyout ("LBO") and ensuing bankruptcy of media conglomerate Tribune Co. ("Tribune"), the U.S. Court of Appeals for the Third Circuit affirmed lower court rulings that Tribune's 2012 chapter 11 plan did not unfairly discriminate against senior noteholders who contended that their distributions were reduced because the plan improperly failed to strictly enforce pre-bankruptcy subordination agreements. In In re Tribune Co., 972 F.3d 228 (3d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Leveraged buyout, Third Circuit, U.S. Court of Appeals
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Tenth Circuit: Bankruptcy Trustee May Recover Only the Actual Property (Not Proceeds) Fraudulently Transferred to Subsequent Transferees
    2020-12-11

    The ability of a bankruptcy trustee to avoid certain transfers of a debtor's property and to recover the property or its value from the transferees is an essential tool in maximizing the value of a bankruptcy estate for the benefit of all stakeholders. However, a ruling recently handed down by the U.S. Court of Appeals for the Tenth Circuit could, if followed by other courts, curtail a trustee's avoidance and recovery powers. In Rajala v. Spencer Fane LLP (In re Generation Resources Holding Co.), 964 F.3d 958 (10th Cir. 2020), reh'g denied, No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Tenth Circuit, U.S. Court of Appeals
    Authors:
    Dan T. Moss , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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