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    District Court Affirms that Civil Fraud Penalties are Nondischargeable in Chapter 13 Bankruptcy Cases
    2016-12-13

    Many bankruptcy cases involve adversary proceedings in which creditors seek to have certain debts deemed nondischargeable. The United States District Court for the Eastern District of Michigan (the “District Court”) recently considered, on appeal, whether the Bankruptcy Court properly held that a debt owed by a debtor (the “Debtor”) to the State of Michigan Unemployment Insurance Agency (the “Agency”) is dischargeable in a Chapter 13 case.1

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, United States bankruptcy court, US District Court for Eastern District of Michigan
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 5
    2016-12-14

    Like the wild prairie rose that punctuates the North Dakota plains, the issue of whether a debtor can reject its midstream agreements is back after a brief period of dormancy. In Hot Topics in Oil and Gas Restructurings, Volume 3, we described how the U.S.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Natural gas, United States bankruptcy court
    Authors:
    Dion W. Hayes , John H. Thompson , Kyle R. Hosmer , Kathryn Z. Keane
    Location:
    USA
    Firm:
    McGuireWoods LLP
    Ep5: Lessons From the SunEdison Bankruptcy
    2016-12-14

    The bankruptcy of solar power developer SunEdison has been one of the most discussed topics of the US renewable energy market in 2016. Christy Rivera, partner in Chadbourne’s bankruptcy group, joins us to discuss outcomes, surprises and lessons learned from SunEdison’s bankruptcy filing.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Chadbourne & Parke LLP, Solar energy, Bankruptcy, Renewable energy
    Authors:
    Christy L. Rivera
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Third Circuit Enforces Make-Whole Premiums after Automatic Acceleration in Bankruptcy
    2016-12-07

    On appeal from a decision in the In re Energy Future Holdings Corp. bankruptcy case, the US Court of Appeals for the Third Circuit recently held that contractual make-whole premium provisions are enforceable where the obligation to repay bond debt is accelerated by a bankruptcy filing.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, ArentFox Schiff, Third Circuit
    Authors:
    Andrew I. Silfen , Jeffrey N. Rothleder , Beth Brownstein
    Location:
    USA
    Firm:
    ArentFox Schiff
    The few, the proud…the Unsecured Creditors Committee
    2016-12-07

    At the end of my October blog post, Dear Debtor, You Said I was Your First Priority, a VIP!, I suggested that you might want to join a “support group” called the “Official Committee of Unsecured Creditors” (fondly referred to as the OCC or GUCCs), if you felt angry or depressed about your unsecured claim status. Admittedly, I may have led you astray.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Unsecured debt, Fiduciary, Unsecured creditor
    Authors:
    Heather L. Ries
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Jevic Holding Corp.: Is The Supreme Court Now Ready To Strike Down Structured Dismissals?
    2016-12-08

    In a prior post, we discussed the Third Circuit Court of Appeals’ decision in Jevic Holding Corp., where the court upheld the use of so-called “structured dismissals” in bankruptcy cases, and the Supreme Court’s grant of certiorari. Yesterday, the Supreme Court heard oral argument in Jevic. The Court’s ultimate ruling will likely have a significant impact upon bankruptcy practice.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Unsecured debt, United States bankruptcy court, Third Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Supreme Court Weighs Granting Cert on Bankruptcy Issues Involving Surcharge and Voting Rights of Assignee of Insider Claim
    2016-12-05

    The Supreme Court is considering whether to grant review of two bankruptcy cases. On October 3, 2016, the Supreme Court invited the Solicitor General to file briefs expressing the views of the United States. Because the Supreme Court’s justices normally give significant weight to the federal government’s recommendations regarding interpretations of federal statutes (here, the Bankruptcy Code), the Solicitor General’s forthcoming briefs could influence whether the Supreme Court grants cert. on the two notable bankruptcy cases.

    Southwest Securities v. Segner

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Supreme Court of the United States, Fifth Circuit
    Authors:
    Jay Krystinik
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Up in Smoke: Why Marijuana Companies Can’t File Bankruptcy and How That Could Change
    2016-12-05

    Originally published in the New York Law Journal

    Voters in eight states, including California and Florida, recently approved ballot initiatives to legalize the recreational and medical use of marijuana. Presently, 28 states permit the use of marijuana to different extents.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Wilk Auslander LLP
    Authors:
    Eloy A. Peral
    Location:
    USA
    Firm:
    Wilk Auslander LLP
    Equitable Mootness - - Are Bankruptcy Courts Still to be “Courts of Equity?”
    2016-12-05

    The concept of “equitable mootness” is a doctrine of relatively long-standing in bankruptcy jurisprudence. It has been used by courts to avoid determination of issues raised on appeal that would require the unscrambling of a plan previously confirmed and implemented. However, that doctrine has recently been questioned in a variety of decisions. It appears that the scope of equitable mootness is clearly ebbing. In that context, a recent decision by this Sixth Circuit Court of Appeals provides an opportunity to further examine the doctrine.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Fifth Circuit Holds No Defense or Indemnity for Creditors’ Suit Against Insured Based on Bankruptcy and Creditors Exclusion in D&O Policy
    2016-12-05

     The U.S. Fifth Circuit Court of Appeals recently upheld summary judgment dismissing all claims against an insurer based on a bankruptcy and creditors exclusion in the insured’s directors and officers (“D&O”) policy. Markel Am. Ins. Co. v. Huibert Verbeek, No. 1:15-51099 (5th Cir. Sept. 27, 2016).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Phelps Dunbar LLP, Bankruptcy, Fifth Circuit
    Authors:
    George B. Hall, Jr.
    Location:
    USA
    Firm:
    Phelps Dunbar LLP

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