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    9th Cir. Holds Chapter 13 Trustee Not Entitled to Compensation When Case Dismissed Prior to Confirmation
    2023-06-21

    The U.S. Court of Appeals for the Ninth Circuit recently reversed a contrary trial court ruling and joined with the U.S. Court of Appeals for the Tenth Circuit in holding that a Chapter 13 trustee is not entitled to a percentage fee of plan payments as compensation for her work in a Chapter 13 case when the case is dismissed prior to confirmation.

    A copy of the opinion in Evans v. McCallister (In re Evans) is available at: Link to Opinion.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Ninth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Getting Subchapter V Trustees Paid: § 1191(e)
    2023-06-22

    Subchapter V of the Bankruptcy Code’s Chapter 11 is relatively new: it took effect as a new law on February 19, 2020. Accordingly, new questions continue to arise on how its terms and provisions should be applied.

    A Trustee Fees Question

    One Subchapter V question is this:

    • When does a Subchapter V trustee’s administrative claim for fees and costs get paid?

    A Regular Chapter 11 Answer

    The answer in regular Chapter 11 has always been this:

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Fifth Circuit Hold that Courts May Bypass Equitable Mootness to Rule on the Merits of Appeal
    2023-06-20

    In Matter of Texxon Petrochemicals, L.L.C., 67 F.4th 259 (5th Cir. 2023), the Fifth Circuit held that even if an appeal is equitably moot, the appellate court nonetheless has appellate jurisdiction to consider the merits of the appeal, without reaching the issue of equitable mootness.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Hard on Soft Caps - Bankruptcy Court Declines to Limit Access to D&O Insurance
    2023-06-20

    Directors and officers should take note of a recent decision from the US Bankruptcy Court for the Southern District of New York concerning access to D&O insurance policy proceeds. In In re SVB Financial Group, Case No. 23-10367 (Bankr. S.D.N.Y.

    Filed under:
    USA, New York, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Hunton Andrews Kurth LLP, Silicon Valley Bank, US Bankruptcy Court for the Southern District of New York
    Authors:
    Justin F. Paget , Kollin Bender
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Covenant Enforcement and the Automatic Bankruptcy Stay
    2023-06-21

    Little can be more frustrating to an association than when a non-compliant homeowner files for bankruptcy. The bankruptcy laws are complex, and navigating them can be a challenge even for the most sophisticated managers. One of the broadest protections for homeowners that file bankruptcy is the “automatic stay.” This provision of the bankruptcy code immediately halts all efforts to enforce any claim against the debtor that may affect the homeowner’s property, including collection of overdue assessments and non-compliance fees.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, LeClairRyan, Bankruptcy
    Authors:
    Gregory Bean
    Location:
    USA
    Firm:
    LeClairRyan
    Supreme Court Holds Bankruptcy Code Abrogates Tribal Immunity
    2023-06-21

    In January, the U.S. Supreme Court agreed to hear Lac du Flambeau Band of Lake Superior Chippewa Indiansv. Coughlin after the First Circuit barred the Lac du Flambeau Band from seeking to collect on a $1,600 debt obligation to the tribe’s lending arm, Lendgreen, after the debtor filed for Chapter 13 bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, US Congress, Supreme Court of the United States
    Authors:
    Andrew B. Buxbaum , Jared D. Bissell , Deborah Kovsky-Apap , Christina Lesko
    Location:
    USA
    Firm:
    Troutman Pepper
    U.S. Supreme Court Holds Tribal Sovereign Immunity Expressly Abrogated by U.S. Bankruptcy Code
    2023-06-21

    Highlights

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Knight LLP, US Congress, Supreme Court of the United States, First Circuit
    Authors:
    Lynne B. Xerras , Barbra R. Parlin , James T. Meggesto , Randolph A. "Randy" DelFranco
    Location:
    USA
    Firm:
    Holland & Knight LLP
    Covenant Enforcement and the Automatic Bankruptcy Stay
    2023-06-21

    Little can be more frustrating to an association than when a non-compliant homeowner files for bankruptcy. The bankruptcy laws are complex, and navigating them can be a challenge even for the most sophisticated managers. One of the broadest protections for homeowners that file bankruptcy is the “automatic stay.” This provision of the bankruptcy code immediately halts all efforts to enforce any claim against the debtor that may affect the homeowner’s property, including collection of overdue assessments and non-compliance fees.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Gordon Rees Scully Mansukhani
    Authors:
    Gregory S. Bean
    Location:
    USA
    Firm:
    Gordon Rees Scully Mansukhani
    Envision’s bankruptcy provides insight into all that is ailing the Healthcare Industry
    2023-06-16

    The increase in bankruptcy filings that restructuring professionals have been expecting is now arriving. With rising inflation, increased interest rates, tightening credit markets, labor shortages and supply chain disruptions, we are starting to see a dramatic increase in filings. Last week the American Bankruptcy Institute noted that commercial Chapter 11 filings increased 105% in May 2023 as compared to May 2022 and across the board filings are on the rise as well.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Private equity, Supply chain, Coronavirus, American Bankruptcy Institute
    Authors:
    Peter R. Morrison , Max Czernin
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Supreme Court Addresses Interplay of Sovereign Immunity And Insolvency Statutes
    2023-06-18

    In two cases in as many months, the Supreme Court tackled the application of sovereign immunity in two separate insolvency statutes. Two separate government-like entities suffered conflicting fates while the Court (arguably) employed the same analysis. How so?

    Clear Statement Rule

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Insolvency, US Congress, Supreme Court of the United States
    Authors:
    Derek J. Baker
    Location:
    USA
    Firm:
    Reed Smith LLP

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