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    Consider Skipping the “Certified” Option When Serving Pleadings
    2021-04-02

    When serving pleadings in an adversary proceeding, you may want to skip the certified option and go with regular first-class mail, or do both.

    Federal Rule of Bankruptcy Procedure 7004 governs service of process in adversary proceedings. The statute specifically provides for service by first class mail. And while some courts will also permit service of pleadings by certified mail, other courts forbid the use of certified mail.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP
    Authors:
    Maxwell K. Weiss , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Wither Non-Debtor Releases? Purdue Pharma and the Proposed SACKLER Act
    2021-04-02

    On Friday, March 19, 2021, Congressional lawmakers introduced a bill that would amend the U.S. Bankruptcy Code to prohibit bankruptcy judges from permanently enjoining or releasing legal claims of states, tribes, municipalities or the U.S. government against non-debtors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Samuel R. Rabuck , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    The Impact of the Bankruptcy Relief Act and Other Recent Bankruptcy Code Changes
    2021-04-02

    Bankruptcy law has seen many changes in 2020 and 2021. Some of these were enacted in response to COVID, but many other changes were included in the Bankruptcy Code before the pandemic. This article highlights some of these changes and their impact on the rights of lenders, trade creditors, suppliers, landlords, tenants, and debtors.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Miller Canfield PLC, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Steven A. Roach , Ronald Spinner , Marc N. Swanson
    Location:
    USA
    Firm:
    Miller Canfield PLC
    Second Circuit: Madoff Ponzi scheme customers did not receive fictitious profit payments "for value"
    2021-04-02

    Introduction
    Good-Faith Defense to Avoidance of Fraudulent Transfers
    Stockbroker Liquidations Under SIPA
    Madoff
    The Second Circuit's Ruling
    Outlook

    Filed under:
    USA, Insolvency & Restructuring, Jones Day
    Authors:
    Dan T. Moss , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Appellate Courts Split On Bankruptcy Ownership Of Malpractice Claims
    2021-04-02

    The debtors' legal malpractice claim was "not property of their bankruptcy estate," held a split Ninth Circuit on June 30, 2020. In re Glaser, 816 Fed. Appx. 103, 104 (9th Cir. June 30, 2020) (2-1). But the U.S. District Court for the District of Minnesota one week later affirmed a bankruptcy court judgment that "the [debtor's] estate was the proper owner" of such a claim. In re Bruess, 2020 WL3642324, 1 (D. Minn. July 6, 2020).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Supreme Court of the United States, Ninth Circuit
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    CARES Act Bankruptcy Provisions Extended
    2021-03-31

    On March 27, 2021, President Biden signed the “COVID-19 Bankruptcy Relief Extension Act of 2021” to extend the expiration dates of certain bankruptcy provisions of the CARES Act to March 27, 2022.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Levenfeld Pearlstein LLC, Bankruptcy, Coronavirus, Joe Biden, Small Business Administration (USA), CARES Act 2020 (USA)
    Authors:
    Harold D. Israel
    Location:
    USA
    Firm:
    Levenfeld Pearlstein LLC
    The Third Circuit Definitively Rejects Triangular Setoff
    2021-03-31

    On March 19, 2021, the United States Court of Appeals for the Third Circuit issued a unanimous decision[1] affirming that the mutuality requirement of section 553(a) of the Bankruptcy Code must be strictly construed and, therefore, that triangular setoffs are not permissible in bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Authors:
    Jacob A Adlerstein , Paul M. Basta , Brian Bolin , Robert Britton , Kelley A. Cornish , Alice Belisle Eaton , Brian S. Hermann , Kyle J. Kimpler , Alan W Kornberg , Elizabeth R. McColm , Andrew M. Parlen , Andrew N. Rosenberg , Justin Rosenberg , Jeffrey D. Saferstein , John Weber , Alice Nofzinger
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    To Vote or Not to Vote: Court Holds That “Out of Money” Junior Creditor Barred from Objecting to Plan
    2021-03-31

    In re Fencepost Productions Inc. that even though an assignment of voting rights provision in a subordination agreement was not enforceable in a bankruptcy proceeding, a subordinated creditor nevertheless was barred from participating in proceedings related to a chapter 11 plan and disclosure statement on the basis that the subordinated creditor lacked prudential standing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP
    Authors:
    Ingrid Bagby , Michele C. Maman , Thomas Curtin
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    President Signs COVID-19 Bankruptcy Relief Extension Act of 2021
    2021-03-31

    As noted in prior Alerts, the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) which became law March 27, 2020, included various COVID-19 pandemic-related bankruptcy relief provisions which were set to sunset on Saturday, March 27, 2021. Due to quick Congressional and Presidential action last week, on Saturday, March 27, 2021, the President signed the “COVID-19 Bankruptcy Relief Extension Act of 2021” (“2021 Extension Act”).

    Filed under:
    USA, Insolvency & Restructuring, Krieg DeVault, Coronavirus, CARES Act 2020 (USA)
    Authors:
    C. Daniel Motsinger
    Location:
    USA
    Firm:
    Krieg DeVault
    COVID-19: Bankruptcy Code Amendments in the Consolidated Appropriation Act and COVID-19 Bankruptcy Relief Extension Act
    2021-03-31

    On March 27, 2021, President Biden signed into law the COVID-19 Bankruptcy Relief Extension Act (the Extension Act). The Extension Act temporarily extends certain COVID-19 bankruptcy relief provisions enacted as part of the Coronavirus Aid, Relief, and Economic Security Act (the CARES Act), which were further amended and/or extended as part of the Consolidated Appropriations Act (the CAA). Certain of the amendments included in the CAA and the Extension Act are highlighted below:

    Debtors and Paycheck Protection Program Loans

    Filed under:
    USA, Insolvency & Restructuring, Litigation, K&L Gates LLP, Coronavirus, Paycheck Protection Program, Small Business Administration (USA), CARES Act 2020 (USA)
    Authors:
    Margaret R. Westbrook , Aaron S. Rothman
    Location:
    USA
    Firm:
    K&L Gates LLP

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