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    Claims Bar Date Creates Trap for Unwary in Reliance Insurance Company Liquidation
    2016-02-25

    Executive Summary

    The Commonwealth Court of Pennsylvania has established March 31, 2016, as the Claims Bar Date in the Reliance Insurance Company Liquidation. Policyholders and claimants may think that if they file a claim on March 31, 2016, the claim will be deemed timely filed. They would be wrong.

    March 30 Is the Key Date

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Reed Smith LLP, Commonwealth Court of Pennsylvania
    Authors:
    Timothy P. Law , Miranda A. Jannuzzi
    Location:
    USA
    Firm:
    Reed Smith LLP
    Delaware Bankruptcy Judges Expand Boomerang Tube Holding that Professionals Cannot Contract Around Baker Botts v. ASARCO
    2016-02-25

    On February 8, 2016 we reported on the decision of Judge Walrath of the United States Bankruptcy Court for the District of Delaware in 

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Disruptive Financial Technology- The Tip of the Iceberg?
    2016-02-25

    Last week, I posted about how Peer-to-Peer lending may be facing some headwinds.

    Filed under:
    USA, Insolvency & Restructuring, Berger Singerman LLP
    Authors:
    Isaac M. Marcushamer
    Location:
    USA
    Firm:
    Berger Singerman LLP
    “Structured Dismissals” within the Tenth Circuit
    2016-02-25
    1. Introduction

    The United States Bankruptcy Court for the District of Utah has published the first opinion within the Tenth Circuit analyzing and authorizing the “structured dismissal” of a chapter 11 case. See In re Naartjie Custom Kinds, Inc., 534 B.R. 416 (Bankr.

    Filed under:
    USA, Utah, Insolvency & Restructuring, Litigation, Holland & Hart LLP, United States bankruptcy court, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    FDIC Approves Proposal on Deposit Recordkeeping Requirements in Large Bank Failures
    2016-02-26

    On February 17, the Federal Deposit Insurance Corporation (FDIC) approved a proposal for recordkeeping requirements for FDIC-insured institutions with a large number of deposit accounts to facilitate rapid payment of insured deposits to customers if those institutions were to fail. The proposed rule would apply to insured depository institutions with more than 2 million deposit accounts. Under the proposal, these institutions would generally be required to maintain complete and accurate data on each depositor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Insurance, Katten Muchin Rosenman LLP, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    The Assumed Contract Chimera
    2016-02-26

    We are often asked what to do if you have an operating agreement and your operator or one of the other working interest owners files for bankruptcy. The Bankruptcy Code allows the debtor to assume or reject the JOA (it is usually an executory contract).

    Filed under:
    USA, Insolvency & Restructuring, Locke Lord LLP
    Authors:
    Philip Eisenberg , Martin Gibson
    Location:
    USA
    Firm:
    Locke Lord LLP
    Split Ninth Circuit Narrows Definition of Bad Faith Insider in Cramdown Case
    2016-02-23

    “A creditor does not become an insider simply by receiving a claim from a statutory insider,” held a split panel of the U.S. Court of Appeals for the Ninth Circuit on Feb. 8, 2016. In re The Village at Lakeridge, LLC, 2016 WL 494592, at *1 (9th Cir. Feb. 8, 2016) (2-1). According to the court, “Insiders are either statutory [per se] [e.g., officers, directors] or non-statutory [de facto].” Id.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Ninth Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    The Lesson of In Re: Nealon - Homestead Is a Protection Worth Maximizing
    2016-02-24

    Every Massachusetts homeowner should be aware of the opportunities that are available for protecting the equity in the family home. A recent bankruptcy case, In re: Nealon, reminds us of one such opportunity – the Massachusetts homestead exemption — and its power to stave off creditors, especially when the homeowner takes the simple steps necessary to maximize the amount entitled to protection.

    Filed under:
    USA, Massachusetts, Insolvency & Restructuring, Litigation, Real Estate, Nutter McClennen & Fish LLP
    Authors:
    John G. Loughnane
    Location:
    USA
    Firm:
    Nutter McClennen & Fish LLP
    Bankruptcy and Creditors’ Rights Law Update - February 2016
    2016-02-24

    The Absolute Priority Rule: Zachary v. California Bank & Trust

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Lane Powell PC, Debtor, Unsecured debt, Unsecured creditor, US Code, Ninth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Lane Powell PC
    Official Bankruptcy Forms Get Extensive Facelift, But Is It Purely Cosmetic?
    2016-02-24

    As you may know by now, many of the Official Forms for use in Bankruptcy Courts were replaced with revised, reformatted and renumbered forms that went into effect on December 1, 2015. The changes were made as part of a forms modernization effort that began in 2008 to improve the official bankruptcy forms and the interface between the forms and the courts’ case opening and electronic case management technology.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Bankruptcy, Debtor, Personal property
    Authors:
    Kelly E. Waits
    Location:
    USA
    Firm:
    Burr & Forman LLP

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