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    Bankruptcy Code—Recharacterizing Claims as Capital Contributions
    2017-06-27

    PEM Entities LLC v. Levin, No. 16-492

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Supreme Court of the United States
    Location:
    USA
    Firm:
    Mayer Brown
    Seeing the Forest Instead of the Trees
    2017-06-27

    Recently, the bankruptcy court presiding over the Energy Futures chapter 11 case issued an opinion analyzing the interplay between an intercreditor agreement’s distribution waterfall and payments to be made under the debtors’ multi-step reorganization plan. The court rejected a secured creditor’s argument that the intercreditor agreement’s distribution waterfall was triggered by one step of that reorganization.

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Collateral (finance), Swap (finance), Secured loan, United States bankruptcy court
    Authors:
    Kate Thomas
    Location:
    USA
    Firm:
    Squire Patton Boggs
    8th Cir. Rules on Bankruptcy Trustee’s Ability to Recover Overdraft Covering Deposits
    2017-06-27

    In a bankruptcy preferential transfer dispute, the U.S. Court of Appeals for the Eighth Circuit recently held that the bankruptcy trustee could recover true overdraft covering deposits, while deposits covering intra-day overdrafts were not recoverable.

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

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Debtor, Title 11 of the US Code, Eighth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Sixth Circuit Rules That Insured-vs.-Insured Exclusion Bars Coverage for Liquidation Trustee’s Claim
    2017-06-27

    A case decided last week by the Sixth Circuit illustrates the importance of seeking bankruptcy claim policy amendments when placing D&O coverage. Indian Harbor Ins. Co. v. Zucker (6th Cir. Jun. 20, 2017) involved the application of the insured-vs.-insured exclusion and specifically, whether the policy’s insured-vs.-insured exclusion precluded coverage for a claim brought by a company’s liquidating trust, to which the company’s claims had been assigned by the company as debtor-in-possession after the company filed for bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Hunton Andrews Kurth LLP, Bankruptcy, Debtor in possession, Sixth Circuit
    Authors:
    Lawrence J. Bracken II , Peter S. Partee, Sr.
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Deepening the Divide on Whether Avoidance Provisions Apply to Foreign Transfers
    2017-06-27

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Fourth Circuit, US District Court for the Southern District of New York
    Authors:
    Rama Douglas
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    The Supreme Court Clarifies Securities Act Statute of Repose Not Tolled by Filing of Class Action
    2017-06-28

    In a bout of déjà vu, the Supreme Court decided to hear California Public Employees’ Retirement System v. ANZ Securities, Inc., et al. to settle the issue of whether the Securities Act of 1933’s (the “Securities Act”) three-year statute of repose is subject to tolling.[1] On June 26, 2017, the Supreme Court made the following noteworthy and defendant-friendly holdings:

    Filed under:
    USA, Capital Markets, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kane Russell Coleman Logan PC, Security (finance), Class action, Statute of limitations, Securities Act 1933 (USA)
    Authors:
    Vienna Flores
    Location:
    USA
    Firm:
    Kane Russell Coleman Logan PC
    Good Faith Affirmative Defenses Waiving Attorney-Client Privilege and Work-Product Protection Under the “At Issue” Doctrine
    2017-06-28

    On May 8, 2017, the U.S. Bankruptcy Court for the Middle District of Florida entered an order compelling production of attorney-client communications between Regions Bank and its counsel, finding that Regions had put those communications “at issue” by raising a good faith affirmative defense under 11 U.S.C. § 548(c) in response to a fraudulent transfer claim brought against it. Welch v. Regions Bank (In re Mongelluzzi), No. 8:14-ap-00653-CED (Bankr. M.D. Fla. May 8, 2017), ECF No. 319 (Delano, J.) (herein Mongelluzzi).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Buchanan Ingersoll & Rooney PC, Federal Reporter, Work-product doctrine, Attorney-client privilege, Good faith, Prejudice, Supreme Court of the United States, Second Circuit, United States bankruptcy court, Eleventh Circuit, US District Court for Middle District of Florida
    Authors:
    Frank Harrison , John D. Emmanuel
    Location:
    USA
    Firm:
    Buchanan Ingersoll & Rooney PC
    In re Pace
    2017-06-22

    (B.A.P. 6th Cir. June 20, 2017)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Sixth Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Subject Matter Jurisdiction and Abstention in Legal Malpractice actions brought by a Bankruptcy Debtor - Part 3
    2017-06-22

    Permissive Abstention:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Butler Snow LLP, Bankruptcy, Subject-matter jurisdiction, United States bankruptcy court
    Authors:
    Paul S. Murphy
    Location:
    USA
    Firm:
    Butler Snow LLP
    Foreclosure Decision Limits Statute of Limitation Defense
    2017-06-23

    On April 3, 2017 the Suffolk County Supreme Court granted Nationstar Mortgage LLC’s motion for summary judgment to recover defaulted mortgage payments in a potentially trailblazing foreclosure decision.  Nationstar Mortgage LLC v. MacPherson, 2017 NY Slip Op 27120 (Sup. Ct. Suff. Co.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Real Estate, Harris Beach PLLC, Limited liability company, Mortgage loan
    Authors:
    Kelly C. Griffith
    Location:
    USA
    Firm:
    Harris Beach PLLC

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