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    In re Trentadue
    2016-09-27

    (7th Cir. Sept. 14, 2016)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Seventh Circuit
    Authors:
    Robert K. Imperial
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Conflicting Rulings on Preemption of State Law Fraudulent Transfer Claims by Section 546 Safe Harbor Create Uncertainty
    2016-09-27

    In Deutsche Bank Trust Co. Ams. v. Large Private Beneficial Owners (In re Tribune Co. Fraudulent Conveyance Litig.), 818 F.3d 98 (2d Cir. 2016), the U.S. Court of Appeals for the Second Circuit held that the “safe harbor” under section 546(e) of the Bankruptcy Code for settlement payments and for payments made in connection with securities contracts preempted claims under state law by creditors to avoid as fraudulent transfers pre-bankruptcy payments made to shareholders in connection with a leveraged buyout (“LBO”) of the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Federal preemption, Second Circuit
    Authors:
    Ben Rosenblum
    Location:
    USA
    Firm:
    Jones Day
    In re Mustafa
    2016-09-27

    (Bankr. E.D. Ky. September 14, 2016)

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Robert K. Imperial
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Seventh Circuit Deepens Circuit Split on Applicability of Section 546(e) Safe Harbor to Transactions Involving Financial Institution Acting as Mere Conduit
    2016-09-27

    In FTI Consulting, Inc. v. Merit Management Group, LP, 2016 BL 243677 (7th Cir. July 28, 2016), a three-judge panel of the U.S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Brad B. Erens , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    In re McWhorter
    2016-09-26

    (Bankr. E.D. Ky. Sept. 14, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, White Collar Crime, Stoll Keenon Ogden PLLC
    Authors:
    Robert K. Imperial
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Romano
    2016-09-26

    (N.D. Ind. Sept. 14, 2016)

    Filed under:
    USA, Indiana, Employment & Labor, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Robert K. Imperial
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Bullitt Utilities, Inc.
    2016-09-26

    (Bankr. W.D. Ky. Sep. 16, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Federal Insurance Company v. Woods (In re Woods)
    2016-09-26

    (Bankr. W.D. Ky. Sep. 16, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Fraud, Debt, Embezzlement, US Code, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    International Trade Law. Convention on Contracts for the International Sale of Goods. District court determines that, for purposes of a claimant seeking allowance and payment of administrative claims between U.S. and Chinese parties, the CISG applies, and a debtor receives goods when the goods ship
    2016-09-26

    In re World Imports Ltd., Civ. A. No. 14-4920, Bankr. No. 13-15929 (E.D. Pa. Jan. 19, 2016) [click for opinion]

    Filed under:
    USA, Pennsylvania, Banking, Insolvency & Restructuring, Litigation, Trade & Customs, Baker McKenzie
    Authors:
    Laura Kelly
    Location:
    USA
    Firm:
    Baker McKenzie
    Proposed Amendments to Bankruptcy Rules and Forms
    2016-09-27

    The Judicial Conference Advisory Committee on Bankruptcy Rules has proposed amendments to the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) and the Official Bankruptcy Forms and requested that the proposals be circulated to the bench, bar, and public for comment. The proposed amendments, Advisory Committee reports, and other information are posted on the Judiciary’s website.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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