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    Jersey’s insolvency regime continues to develop
    2024-09-26

    The legislative framework applicable to insolvency and restructuring in Jersey has seen significant developments in recent years, with the introduction of the Companies Regulations No 8 2022 (the Regulations).

    The Regulations provide additional powers to a company’s creditors – firstly, in relation to provisional liquidations (an emergency procedure designed to safeguard the assets of a failing company), and secondly in relation to creditors’ winding-ups.

    Filed under:
    USA, New Jersey, Insolvency & Restructuring, Appleby
    Authors:
    Simon Felton
    Location:
    USA
    Firm:
    Appleby
    Third Circuit Rules on Allowance of Make-Whole Fees and Post-Petition Interest in Solvent-Debtor Cases in In re The Hertz Corp.
    2024-09-26

    On September 10, 2024, the U.S. Court of Appeals for the Third Circuit issued its opinion in Wells Fargo Bank, N.A. v. The Hertz Corp. (In re The Hertz Corp.), Case No. 23-1169, 2024 WL 4132132 (3d Cir. Sept.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Coronavirus, Third Circuit, US Court of Appeals
    Authors:
    Jacob A Adlerstein , Paul M. Basta , Lauren Bilzin , Brian Bolin , Robert Britton , William A. Clareman , Alice Belisle Eaton , Joe Graham , Brian S. Hermann , Christopher Hopkins , Kyle J. Kimpler , Elizabeth R. McColm , Sean Mitchell , Andrew M. Parlen
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    A 30-Years Sentence For Bankruptcy Crimes? (U.S. v. Colon)
    2024-09-26

    A new Seventh Circuit Court of Appeals opinion[fn. 1] involves the motion of a federal inmate, who was also a Chapter 7 bankruptcy debtor, for compassionate-release under 18 U.S. § 3582(c)(1)(A). The new Seventh Circuit opinion denies the motion.

    Notably, the bankruptcy Debtor/Inmate is serving a 30-year sentence for making false statements during a bankruptcy proceeding The bankruptcy statute is 18 U.S.C. § 152, which declares it is a crime when a person:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, United States bankruptcy court, Seventh Circuit
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Supreme Court Ends Third-Party Releases in Bankruptcy
    2024-09-26

    Harrington v. Purdue Pharma L.P., 144 S. Ct. 2017 (June 27, 2024)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Chapter 11, US Bankruptcy Code, Supreme Court of the United States, Pharmaceuticals, Pharmaceuticals & chemicals
    Authors:
    Mark A. Platt , Joy D. Kleisinger
    Location:
    USA
    Firm:
    Frost Brown Todd LLP
    Reflecting on Two Decades of Good Faith Filings in Bankruptcy: What's Changed and How to Navigate It
    2024-09-26

    In the early 2000s, the conversation around the standards for a good faith filing in bankruptcy was intense, particularly leading up to the passage of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Concerns were widespread that bankruptcy provisions were vulnerable to abuse, prompting a national debate on what could constitute a bad-faith filing. Nearly 20 years later, the landscape has evolved significantly. The financial crisis of 2008 brought unprecedented mortgage foreclosures and forced a larger segment of the population to consider bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Glusker Fields Claman & Machtinger LLP
    Authors:
    Hannah G. Waldman
    Location:
    USA
    Firm:
    Greenberg Glusker Fields Claman & Machtinger LLP
    Asset Tracing and Asset Recovery in a Cryptocurrency Exchange Bankruptcy
    2024-09-24

    The bankruptcy of the Mt. Gox cryptocurrency exchange in 2014 was a pivotal moment in cryptocurrency history. It demonstrated the vulnerabilities of early cryptocurrencies and saw the worst fears of the industry become a reality. However, in the years since it has also provided an excellent example of the successful tracing and recovery of a variety of asset classes. Creditors have recently received the first distributions from the recovered assets of Mt Gox, in stark contrast to the initial claims that access to the assets had been lost forever.

    Background

    Filed under:
    Ireland, Japan, USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Beauchamps, Cryptocurrency
    Authors:
    Simon Murphy
    Location:
    Ireland, Japan, USA
    Firm:
    Beauchamps
    Rooker-Feldman Doctrine Doesn't Prevent Certain Bankruptcy Court Decisions
    2024-09-24

    In an opinion issued on Sept. 20 by the United States Bankruptcy Court for the District of New Mexico, Judge David T. Thuma held that the Rooker-Feldman doctrine does not prevent a bankruptcy court from determining whether the automatic stay applies to pending state court litigation. See In re Shook, Case No. 24-10724-t7 (Bankr. N.M. Sept. 20, 2024) [ECF No. 54].

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Supreme Court of the United States
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Third Circuit Follows Fifth and Ninth Circuits on Treatment of Make-Whole Claims in Bankruptcy
    2024-09-18

    In a much-anticipated decision, the United States Court of Appeals for the Third Circuit recently held that unsecured noteholders’ claims against a debtor for certain “Applicable Premiums” were the “economic equivalent” to unmatured interest and, therefore, not recoverable under section 502(b)(2) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Private equity, Coronavirus, PG&E
    Authors:
    David M. Hillman , Vincent Indelicato , Michael M. Mezzacappa , Charles A. Dale , Timothy Q Karcher , Marc B. Friess , Frederic L. Ragucci , Ji Hye You
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    The Debtor (or Its Successor) Has Objected to My Claim — What Do I Need to Do?
    2024-09-05

    Often, after filing a proof of claim, a creditor can go months, or even years, without hearing anything regarding their claim. Then, unexpectedly, the creditor's proof of claim faces an objection, possibly on multiple grounds, with a limited window to respond. A claim objection can raise several important strategic considerations for crafting the best response.

    Key Issues

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper
    Location:
    USA
    Firm:
    Troutman Pepper
    Eighth Circuit Reverses Jury Verdict For Aiding And Abetting Ponzi Scheme, Holding That In Pari Delicto Defense Barred Bankruptcy Trustee’s Claims
    2024-09-17

    On September 12, 2024, the United States Court of Appeals for the Eighth Circuit reversed a trial court decision that had rejected a bank’s assertion of the in pari delicto defense to aiding and abetting claims brought by the bankruptcy trustee for a debtor that had allegedly perpetrated a Ponzi scheme. Kelley v. BMO Harris Bank Nat’l Ass’n, 2024 WL 4158179 (8th Cir. Sept. 12, 2024).

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Litigation, A&O Shearman, Bankruptcy, Eighth Circuit, Minnesota Supreme Court, US Court of Appeals, Financial services corporate
    Location:
    USA
    Firm:
    A&O Shearman

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