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    Defamation Plaintiff Has Default Judgment But Not Standing To Sue Insolvent Policyholder’s Insurance Company
    2020-02-26

    Bankruptcy and insurance have been engaged in a tangled web for decades. Claimants against bankrupt insureds are often frustrated in seeking a recovery that they might otherwise obtain if the insured had not gone bankrupt. In a recent case, the Third Circuit addressed the standing of a default judgment creditor claimant to sue the bankrupt insured’s insurance company to recover the default judgment.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Squire Patton Boggs
    Authors:
    Larry P. Schiffer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    That was Quick: California Court Holds that the SBRA can be Applied Retroactively
    2020-02-26

    The Small Business Reorganization Act of 2019 (“SBRA”) became effective on February 19, 2020, after being enacted by Congress at blazing speed.  Indeed, the legislation was first introduced into the House of Representatives on June 18, 2019, was received by the Senate on July 24, 2019 and was signed by the President on August 23, 2019.  The SBRA is intended to help small businesses restructure their debts in bankruptcy more effectively.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, FisherBroyles LLP, US House of Representatives
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Unanimous Supreme Court Restricts Application of Federal Common Law and Invalidates Bob Richards Doctrine in Tax Refund Disputes
    2020-02-26

    In a unanimous decision written by Justice Neil Gorsuch (Rodriquez v. FDIC No 18-12690), the Supreme Court vacated a decision by the U.S. Court of Appeals for the Tenth Circuit (In reUnited Western Bancorp, Inc., 914 F. 3d 1262 (10th Cir, 2019)) that awarded a federal income tax refund of a failed bank to the Federal Deposit Insurance Corporation as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Tax, Greenberg Traurig LLP, Tax Cuts and Jobs Act 2017 (USA), Tenth Circuit
    Authors:
    Kenneth Zuckerbrot
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Filing Date for Latent Asbestos Claimants Found Not to Violate Due Process in Reorganization Plan United States Court of Appeals Third Circuit, February 18 2020
    2020-02-20

    DELAWARE – The appellants are latent asbestos claimants who did not file by the bar date set by Chapter 11 bankruptcy but who were subsequently diagnosed with mesothelioma. The appellee is Energy Future Holdings Corporation (EFH), which was a holding company for several energy properties. Those subsidiaries became defunct long ago as a result of asbestos litigation. EFH also filed for bankruptcy as a result of vast sums of money owed to asbestos debtors. The reorganization plan called for a notice period to latent claimants followed by a subsequent bar date for claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Goldberg Segalla LLP, Bankruptcy, Third Circuit
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Small Business Reorganization Act of 2019 (SBRA) is Effective
    2020-02-20

    The Small Business Reorganization Act of 2019 (“SBRA“) is in effect as of yesterday, February 19, 2020. The SBRA was enacted to provide smaller business debtors with a more streamlined path to restructuring their debts. Below are some highlights of the new law.

    Absolute-Priority Rule

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Bankruptcy, Debtor, Due diligence
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP
    Seventh Circuit Confirms that the Bankruptcy Code Expressly Subordinates a Seller's Reclamation Claim to the Prior Rights of a Secured Creditor
    2020-02-20

    In Whirlpool Corp. v. Wells Fargo Bank, National Association (In re hhgregg, Inc.), (7th Cir. Feb. 11. 2020), the United States Court of Appeals for the Seventh Circuit held that the current enactment of the United States Bankruptcy Code (the “Bankruptcy Code”), specifically 11 U.S.C. §546(c), expressly subordinates a seller’s reclamation claim to the prior rights of a lienholder. This is good news for secured lenders.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Krieg DeVault, Seventh Circuit
    Authors:
    C. Daniel Motsinger
    Location:
    USA
    Firm:
    Krieg DeVault
    Review of Retirement Account Beneficiary Designations under the SECURE Act
    2020-02-21

    On December 20, 2019, Congress passed the Setting Every Community Up for Retirement Enhancement Act (the "SECURE Act"), which codifies sweeping changes to rules governing distributions from your qualified retirement plan (such as a 401(k)) or IRA (together referred to as "retirement accounts"). The SECURE Act, which became effective on January 1, 2020, affects not only distributions during your lifetime, but also the way in which your retirement assets are distributed to your beneficiaries after your death.

    Filed under:
    USA, Employee Benefits & Pensions, Employment & Labor, Insolvency & Restructuring, Litigation, Planning, Venable LLP, SECURE Act 2019 (USA)
    Authors:
    Douglas L. Siegler , Anna Katherine (A.K.) Moody
    Location:
    USA
    Firm:
    Venable LLP
    "The Net Short": U.S. and European High-Yield Covenant Trends in Response to Net Short Activism
    2020-02-17

    Hogan Lovells Publications | 17 February 2020

    "The Net Short": U.S. and European High-Yield Covenant Trends in Response to Net Short Activism

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Hogan Lovells, Credit default swap
    Location:
    USA
    Firm:
    Hogan Lovells
    Bankruptcy Court Holds That Filing a False Rule 3001.1 Notice is an Abuse of Process Under the Bankruptcy Code and Violates FDCPA
    2020-02-18

    Key Notes:

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Mortgage loan, Due diligence, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court
    Authors:
    Jessica E. Salisbury-Copper , Scott A. King , Scott E. Prince
    Location:
    USA
    Firm:
    Thompson Hine LLP
    9th Cir. Affirms Dismissal of TILA Claims as Barred by FIRREA
    2020-02-18

    The U.S. Court of Appeals for the Ninth Circuit recently affirmed the dismissal of a consumer’s Truth in Lending Act (TILA) claim for lack of subject matter jurisdiction, holding that the claim was barred by the jurisdiction-stripping provision of the federal Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA).

    A copy of the opinion in Shaw v. Bank of America is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bank of America Home Loans, Truth in Lending Act 1968 (USA)
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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