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    Somebody Call 9011: Counsel and Decedent’s Estate Benchslapped Under Rule 9011 for Repeated Attempts to Circumvent the Bankruptcy Code’s Eligibility Requirements
    2022-06-23

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Power of attorney, US Securities and Exchange Commission, Google
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Does the Bankruptcy Code Allow for Partial Discharge of Student Loans?
    2022-03-02

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Possession of a Debtor’s Property After a Bankruptcy Filing May…or May Not…Be a Stay Violation
    2021-11-01

    A person in possession of a debtor’s property upon a bankruptcy filing now has more guidance from the Supreme Court as to the effect of the automatic stay. In City of Chicago, Illinois v. Fulton, 141 S. Ct. 585 (2021), handed down on January 14 of 2021, the Court was faced with the issue of whether the City of Chicago (the “City”) was liable for violation of the automatic stay for refusing to return vehicles it impounded pre-petition. Issuing a narrow decision under Section 362(a)(3) of the Bankruptcy Code, the Court held that it was not.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, SCOTUS
    Authors:
    Lee B. Hart , Mark Gensburg
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    5th Circ. PPP Ruling Doesn't Doom Debtors Seeking Loans
    2020-07-17

    On June 22, U.S. Circuit Judge Judge Jerry Smith issued a short, three-page opinion in the case Hidalgo County Emergency Service Foundation v. Carranza that appeared, at first blush, to be a death blow to many debtors' ability to obtain Paycheck Protection Program, or PPP, loans under the Coronavirus Aid, Relief and Economic Security, or CARES, Act.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Coronavirus, Paycheck Protection Program, Title 11 of the US Code, CARES Act 2020 (USA)
    Authors:
    Shane G. Ramsey , John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Data Privacy and Bankruptcy—Notable Non-bankruptcy Privacy Laws
    2019-09-10

    Privacy issues implicate several Bankruptcy Code sections and Bankruptcy Rules. The debtor must also comply with non-bankruptcy rules concerning privacy to the extent that such rules are not inconsistent with the Bankruptcy Code. 28 U.S.C. § 959(b).

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Nelson Mullins Riley & Scarborough LLP, Debtor, Due diligence, Title 11 of the US Code
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    In re Millennium Lab Holdings: “All We Are Saying Is Give Nonconsensual Third-Party Releases a Chance”
    2018-09-24

    District Court Confirms Bankruptcy Court’s Constitutional Authority to Approve Millennium Plan Releases, Dismisses as Equitably Moot Opt-Out Lenders' Remaining Issues on Appeal

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, US Department of Justice, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Shane G. Ramsey , David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    U.S. Supreme Court Hears Argument Today in Case Involving the Proper Determination of a Non-statutory Insider
    2017-10-31

    The U.S. Supreme Court will hear oral argument today inU.S. Bank National Association v. Village at Lakeridge (15-1509). At issue in the case is whether the appropriate standard of review for determining non-statutory insider status is the de novo standard of review applied by the U.S. Courts of Appeals for the 3rd, 7th and 10th Circuits, or the clearly erroneous standard of review adopted for the first time by the U.S. Court of Appeals for the 9th Circuit in Village at Lake Ridge.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, SCOTUS
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Unchartered Waters: Crypto Exchange Assets in Bankruptcy
    2022-06-17

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Cryptocurrency, US Securities and Exchange Commission
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    The PTL Bankruptcy Case: Sex, Drugs, and Gospel
    2022-02-21

    Not your Ordinary Bankruptcy Case

    Columbia, South Carolina is hot during the summer, such that the City adopted the motto “Famously Hot” a few years ago. Temperatures frequently exceed 100 degrees in the summer. On June 12, 1987, the PTL Club filed chapter 11 cases in Columbia, adding heat to the already hot City.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, Internal Revenue Service (USA), Federal Communications Commission (USA)
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Lending Money to a Friend, You Lose Both the Friend and the Money
    2021-10-25

    The Bankruptcy Protector

    In the case of In re Ricky L. Moore (19-01228), the United States Bankruptcy Court for the Northern District of Iowa taught an important lesson in the context of Chapter 12 bankruptcy cases[1]: do not rely on repeated assurances of payment from a friendly debtor in lieu of filing your bankruptcy proof of claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy
    Authors:
    Keith Poston
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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