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    U.S. Supreme Court Seems Poised to Address Constitutionality of 2018 U.S. Trustee Fee Increase
    2021-10-11

    Back in July, Craig Eller wrote in The Bankruptcy Protector about the continuing confusion amongst courts and litigants regarding the applicability of a 2018 increase in fees payable to the Office of the United States Trustee in chapter 11 cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Employing Narrow Reading of Section 506(d), Ninth Circuit Holds That the Basis for Disallowance of a Claim Must be Considered Before Lien Can be Avoided
    2020-06-08

    In Lane v. Bank of New York Mellon (In re Lane), No. 18-60059, 2020 WL 2832270 (9th Cir. June 1, 2020), the United States Court of Appeals for the Ninth Circuit was asked to decide whether a bankruptcy court may void a lien under section 506(d) of the Bankruptcy Code when a claim relating to the lien is disallowed because the creditor who filed the proof of claim did not prove that it was the person entitled to enforce the debt the lien secures. Employing a narrow reading of section 506(d), the Ninth Circuit answered the question in the negative.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Title 11 of the US Code
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Post-Taggart, Debtors May Face Higher Pleading Standard
    2019-08-28

    This article first appeared in Law360.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor, Title 11 of the US Code, SCOTUS
    Authors:
    Shane G. Ramsey , John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    What Not To Do In The Courthouse
    2018-06-01

    As an officer of the court every attorney is held accountable to the standards set forth in the Rules of Professional Conduct. In bankruptcy court, attorneys are held to additional standards set forth in local bankruptcy law. A violation of the rules can result in harsh sanctions as attorney Richard Gates discovered in In re Gates, Misc. Case No. 18-00301-KRH (Bankr. E.D. Va. Apr. 5, 2018).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    The Res Judicata Effect of a Confirmed Chapter 13 Plan on Claim Objections: The Fourth Circuit Provides Guidance to Secured and Unsecured Claimants
    2017-10-23

    In LVNV Funding, LLC v. Harling, 852 F.3d 367 (4th Cir. 2017), as amended (Apr. 6, 2017), the Fourth Circuit addressed whether claim objections filed after a Chapter 13 plan had been confirmed are barred by the res judicata effect of the confirmed plan. Here, LVNV Funding filed unsecured proofs of claim that it conceded were barred by the statute of limitations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Unsecured debt, Res judicata and issue estoppel, Fourth Circuit
    Authors:
    Keith Poston
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    The Unredeemable Debtor
    2022-05-27

    The law is the witness and external deposit of our moral life. Its history is the history of the moral development of the race.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, NLRB
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    SCOTUS’s house call on Healthcare Industry: the economic impact of mandatory vaccination
    2022-01-31

    The Bankruptcy Protector

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Medicare, Medicaid, Bankruptcy, Private equity, Coronavirus, CARES Act 2020 (USA), SCOTUS
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    The Exciting (or Bewildering?) Intersection of Bankruptcy Code Section 365 and the Sale of LLC Membership Interests
    2021-10-05

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Authors:
    Jody A. Bedenbaugh
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Bankruptcy Rulings May Help Debtors Qualify For PPP Loans
    2020-05-07

    One of the landmark protections enacted by the Coronavirus Aid, Relief and Economic Security, or CARES, Act on March 27 was the Paycheck Protection Program, or PPP. Under the program, small businesses (e.g., those with fewer than 500 employees) — and certain other businesses in specific industries — are eligible to receive loans that will be fully forgiven if utilized under the terms of the program, including applying at least 75% of the funds received from the loans to payment of payroll expenses.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Nelson Mullins Riley & Scarborough LLP, Coronavirus, Paycheck Protection Program
    Authors:
    John T. Baxter , Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Eighth Circuit Approves Better Treatment for Creditors Making Backstop Agreements
    2019-08-15

    Add the Eight Circuit to a growing list of courts that have found that a plan of reorganization which proposes better treatment for creditors who have agreed to purchase any leftover securities in an offering (a “backstop agreement”) done pursuant to that plan does not violate the requirement that each claim within a class of creditors receive the same treatment under 11 U.S.C. § 1123(a)(4). In re: Peabody Energy Corp., --- F.3d --- (Docket No. 18-1302) (8th Cir. August 9, 2019).

    The Peabody Plan

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor
    Authors:
    C. Craig Eller
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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