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    Gargula v. Cox (In re Cox)
    2017-09-13

    (Bankr. S.D. Ind. Sep. 7, 2017)

    The bankruptcy court enters judgment in favor of the debtor, granting a discharge in her bankruptcy case. The U.S. Trustee brought the action under § 727(a)(2)(B) and (a)(4)(A), alleging the debtor intentionally failed to disclose $5,000 she held in a lockbox on the petition date. The Court finds the debtor did not have the requisite intent and was unsure of what she was supposed to do at the 341 meeting based on a misunderstanding or miscommunication with her lawyer. Opinion below.

    Judge: Carr

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Profit Sharing Ruled an Unenforceable Anti-Assignment Restriction
    2017-09-14

    Reprinted with permission from the September 14, 2017 issue of The Legal Intelligencer. © 2017 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, United States bankruptcy court
    Authors:
    Francis J. Lawall , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper
    New Delaware Chapter 11 Filing - Aerogroup International, Inc.
    2017-09-15

    Aerogroup International, Inc., along with five of its affiliates and subsidiaries, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 17-11962).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    9th Cir. Holds Creditor in Fraudulent Transfer Action May Recover Amounts Above Collateralized Debt
    2017-09-18

    The U.S. Court of Appeals for the Ninth Circuit recently held that, where husband and wife debtors fraudulently transferred assets, the creditor was entitled to the full sum the creditor would have recovered and was not limited to the amount of the collateralized debt.

    In so ruling, the Ninth Circuit reversed a bankruptcy court and trial court judgment in the creditor’s favor that the debt was non-dischargeable due to the debtor’s fraud, but improperly limiting the non-dischargeable debt to only the collateralized amount.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Ninth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Tenants Take Caution, Ninth Circuit Allows Bankrupt Landlord to Sell Property Free and Clear of Leases
    2017-09-18

    Summary:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Paul Hastings LLP, Ninth Circuit
    Authors:
    Jeffrey Diener , Todd M. Schwartz , Michael Lin
    Location:
    USA
    Firm:
    Paul Hastings LLP
    When Leaseholds and Sales Collide in Bankruptcy
    2017-09-11

    Two sections of the Bankruptcy Code addressing leases sometimes work in tandem with each other, but some courts are creating a conflict.

    Section 363 gives bankruptcy courts the power to approve the sale of the assets of a bankruptcy debtor, free and clear of any liens, claims or interests in the property, under certain conditions.

    Section 365 gives bankruptcy courts the power to approve the termination of unexpired leases of real estate or to approve their assumption and assignment, also under certain conditions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Barley Snyder, Bankruptcy, Debtor, Leasehold estate, Ninth Circuit, United States bankruptcy court
    Authors:
    Timothy G. Dietrich , Joseph P. Schalk
    Location:
    USA
    Firm:
    Barley Snyder
    Update on the Dutch scheme of arrangement
    2017-09-11

    On 5 September 2017, the Dutch legislator published an amended bill on pre-insolvency proceedings in the Netherlands1 for consultation purposes.2 The Bill contains a proposal for an amendment to the Dutch Bankruptcy Act (Faillissementswet) which enables a company in financial difficulties to propose a composition outside insolvency proceedings to its creditors and shareholders, to restructure problematic debts.

    Filed under:
    USA, Insolvency & Restructuring, Loyens & Loeff, European Commission
    Authors:
    Vincent Vroom , Hendrik van Druten
    Location:
    USA
    Firm:
    Loyens & Loeff
    Seventh Circuit Denies Trustee a Second Bite at the Avoidance Apple
    2017-09-11

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Seventh Circuit
    Authors:
    Alana Katz
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Filing for Bankruptcy: What Could Happen?
    2017-09-11

    Some think that when you file for bankruptcy, you sell your proverbial soul to the devil.

    While this view isn’t necessarily true, it does imply that bankruptcy is not an easy choice. It could mean short term relief, but it could also affect your self-image, reputation, and even future credit negatively. The experts at Allstate Law Center add that before making this choice, you should consider all factors and options.

    Filed under:
    USA, Banking, Insolvency & Restructuring, BakerHostetler
    Location:
    USA
    Firm:
    BakerHostetler
    8th Cir. Holds Deficiency Claim Time Barred Despite Intervening Bankruptcy
    2017-09-05

    The U.S. Court of Appeal for the Eighth Circuit recently affirmed a bankruptcy court’s rejection of a proof of claim filed by a creditor where the claim was based upon a debt which was time barred by the creditor’s failure to comply with the applicable state law deadline for pursuing a deficiency judgment following a non-judicial foreclosure. 

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, US Code, Eighth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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