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    Asbestos Claims Against Bankrupt Entities Barred Under Confirmation Order
    2020-03-04

    United States Bankruptcy Court, D. Maryland. March 02, 2020

    The plaintiffs were various entities who filed for bankruptcy protection under Chapter 11 in 2001. Their bankruptcy confirmation order set a bar date for the filing of claims by creditors against the entities. Nearly 16 years later, asbestos claimants filed claims for exposure to asbestos in Pennsylvania. The plaintiffs then filed suit against the asbestos claimants as an adversarial bankruptcy proceeding. Motions for summary judgment were filed by both sides.

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP, Due diligence
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Court Denies the Filing of Class Action Proof of Claim in PG&E’s Bankruptcy
    2020-03-04

    Bankruptcy and class actions each establish elaborate procedures and provide a convenient forum to resolve numerous claims against one or more defendants, in an efficient manner. However, while a class action focuses on providing adequate representation to claimants with similar claims, bankruptcy focuses on enabling an insolvent company to reorganize. The two goals do not necessarily blend well in every circumstance.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Bankruptcy
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Clarity Of Drafting And Reliance On A Spouse For Bankruptcy Protection - A Cautionary Tale
    2020-03-06

    The importance of clarity in drafting agreements can never be understated. And while there are strategies available to spouses of business owners to help protect a family in bankruptcy, it is imperative to properly plan and draft to receive such protection from the Courts. In re Somerset Regional Water Resources, LLC, _____________ F.3d ________________ (3rd Cir. 2020) (“Somerset”), recently decided by the Third Circuit Court of Appeals, offers a prime example of both cautionary concepts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Patterson Belknap Webb & Tyler LLP
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    High Court Ruling for the First Time Considers What Directors Duties Survive the Insolvency of a Company
    2020-03-06

    Hunt (as Liquidator of Systems Building Services Group Limited) v Michie and Others [2020] EWHC 54 (Ch)

    On 21 January 2020 ICC Judge Barber handed down a decision which considered, in what is believed to be a first, the question of whether director’s duties survive the insolvency of a Company.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Proskauer Rose LLP
    Authors:
    Crispin Daly
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    9th Cir. Rejects Loan Servicer’s Appeal from Bankruptcy Appellate Panel Remand Order
    2020-03-06

    The U.S. Court of Appeals for the Ninth Circuit recently rejected a loan servicer’s appeal from a Bankruptcy Appellate Panel’s ruling to remand to the lower bankruptcy court a punitive damages award for alleged discharge violations.

    In so ruling, the Court held that it lacked appellate jurisdiction regarding the Bankruptcy Appellate Panel’s ruling as to the punitive damages award, but affirmed the Bankruptcy Appellate Panel’s denial of the debtors’ motion for appellate attorney’s fees.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Mortgage loan, Ninth Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Coronavirus: Its Impact on Chapter 11 Cases
    2020-03-09

    This question — how the Coronavirus will impact Chapter 11 cases going forward — is still to be determined, but this author believes it may turn the Chapter 11 process into what it was originally intended to be, a reorganization.

    Filed under:
    USA, Insolvency & Restructuring, Breazeale Sachse & Wilson LLP, Coronavirus
    Authors:
    Alan H. Goodman
    Location:
    USA
    Firm:
    Breazeale Sachse & Wilson LLP
    Dealing With Dower In Kentucky
    2020-03-10

    The dower statutes in Kentucky present challenges when deciding what parties to name in a foreclosure complaint. When dower issues arise, title claims might be necessary, which means foreclosures can be delayed and court costs can increase.

    Dower is a somewhat complex right given to protect spouses who are not listed as titleholders on the deed for their homestead. Dower rights in English law date back to the Magna Carta, when widows were granted some protection from the economic hardships that occurred when their title-holding husbands died.

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Manley Deas Kochalski LLC, Foreclosure
    Authors:
    John R. Cummins
    Location:
    USA
    Firm:
    Manley Deas Kochalski LLC
    Supreme Court Strikes Down “Bob Richards” Rule, Impacting Consolidated Group Members’ Entitlement to Tax Refunds in Bankruptcy Proceedings
    2020-02-28

    On February 25, 2020, in Rodriguez v. FDIC,1 the U.S. Supreme Court unanimously rejected the application of the so-called “Bob Richards” rule, a judicial doctrine that was developed in the context of a bankruptcy case almost 60 years ago concerning ownership of tax refunds secured by the parent corporate entity on behalf of a bankrupt subsidiary included in a consolidated group tax return.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, O'Melveny & Myers LLP, Bankruptcy, Internal Revenue Service (USA), Ninth Circuit, Tenth Circuit
    Authors:
    Alexander Anderson , John J. Rapisardi , Billy Abbott , Alexander Roberts , Matthew P. Kremer , Dawn Lim
    Location:
    USA
    Firm:
    O'Melveny & Myers LLP
    Impact of Boy Scouts Bankruptcy on New & Pending Sexual Abuse Lawsuits
    2020-02-21

    Reeling from the prospect of virtually unlimited liability after decades of sex abuse allegations, the Boy Scouts of America filed for Chapter 11 bankruptcy in Delaware court. For the Boy Scouts, this filing caps an exploratory process that lasted 15 months when the organization began to lay the groundwork for a possible filing.

    Filed under:
    USA, Insolvency & Restructuring, Rosenfeld Injury Lawyers LLC, Bankruptcy
    Authors:
    Jonathan Rosenfeld
    Location:
    USA
    Firm:
    Rosenfeld Injury Lawyers LLC
    Seventh Circuit Finds Section 546(c) Creates Federal Priority Rule for Disputes Between Reclaiming Sellers and Secured Lenders
    2020-02-21

    The Bottom Line

    In Whirlpool Corp. v. Wells Fargo Bank (In re hhgregg Inc.), Case No. 18-3363 (7th Cir. Feb. 11, 2020), the Seventh Circuit held that a trade creditor’s later-in-time reclamation claim was subordinate to lenders’ pre-petition and debtor-in-possession (“DIP”) financing liens. The Seventh Circuit found that Sction 546(c) of the Bankruptcy Code creates a “federal priority rule,” making clear that a reclamation claim is subordinate to prior rights of a secured creditor.

    What Happened?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Seventh Circuit
    Authors:
    Kelly E. Porcelli
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

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