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    In re Jackson
    2016-08-08

    (6th Cir. B.A.P. Aug. 4, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Furnisher Does Not Violate FCRA by Reporting Discharged Debt
    2016-08-09

    A district court in Nevada recently granted a mortgage company’s motion to dismiss FCRA claims where the reported debt had been discharged in bankruptcy.The opinion serves as a reminder of the rules governing the reporting of discharged debt.In Riekki v. Bayview Fin. Loan Servicing, the consumer alleged that the subject debt was discharged pursuant to his Chapter 13 bankruptcy and that the creditor continued to report balances through the pendency of the bankruptcy as well as post-petition.Riekki v. Bayview Financial Loan Servicing, 2:15-cv-2427, 2016 U.S. Dist.

    Filed under:
    USA, Nevada, Insolvency & Restructuring, Litigation, Smith Debnam Narron Drake Saintsing & Myers LLP, Bankruptcy, Debt, Mortgage loan, Involuntary dismissal, Credit score, Bankruptcy discharge
    Authors:
    Caren Enloe
    Location:
    USA
    Firm:
    Smith Debnam Narron Drake Saintsing & Myers LLP
    Rough Waters Could Be Ahead for Those Seeking Protection of Section 546(e) Safe Harbor
    2016-08-09

    A recent decision by the Bankruptcy Court for the District of Delaware in PAH Litigation Trust v. Water Street Healthcare Partners L.P. (In re Physiotherapy Holdings, Inc.), Case No. 13-12965 (KG) (Bankr. D. Del. June 20, 2016), may limit the types of transactions that are subject to the “safe harbor” protections of section 546(e) of the Bankruptcy Code.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Cooley LLP, Federal preemption, Bankruptcy, Shareholder, Security (finance), Safe harbor (law), Federal Reporter, Limited partnership, Deutsche Bank, Title 11 of the US Code, Second Circuit, Delaware Supreme Court, United States bankruptcy court
    Location:
    USA
    Firm:
    Cooley LLP
    Not So Safe After All?
    2016-08-09

    CLIENT PUBLICATION FINANCIAL RESTRUCTURING & INSOLVENCY | August 9, 2016 Not So Safe After All?

    Filed under:
    USA, Delaware, Capital Markets, Insolvency & Restructuring, Litigation, A&O Shearman, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    A&O Shearman
    Missouri Commercial Receivership Act Creates a New Statutory Scheme Which Presents a More Robust Remedy
    2016-08-03

    The Missouri Commercial Receivership Act (MCRA), passed by the Missouri legislature and just signed into law by Governor Nixon, becomes effective Aug. 28, 2016. It expands, clarifies and fleshes out the existing minimal receivership statute. The MCRA (Sections 515.500 through 515.665 of MO Senate Bill No. 578) outlines a new standardized system for receivership administration under the auspices of the Missouri courts.

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Litigation, Real Estate, Stinson LLP, Bankruptcy, Debtor, Interest, Debt, Personal property, Pro rata
    Authors:
    John G. Young, Jr.
    Location:
    USA
    Firm:
    Stinson LLP
    Akeley v. Hudson (In re Hudson)
    2016-08-03

    (Bankr. W.D. Ky. Aug. 2, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor, Misrepresentation, US Code, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Troubled Waters: The Raging Storm Over Safe Harbors
    2016-08-03

    Two United States courts recently issued decisions involving the scope of the Bankruptcy Code’s safe-harbor provision in section 546(e) related to avoidance actions. In one, in the Second Circuit, the court took a broad approach to protect the financial markets, whereas the Seventh Circuit interpreted that statute more narrowly. The Supreme Court is now well-positioned to bring greater clarity to this important area of law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Safe harbor (law), Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Craig R. Enochs , Paul B. Turner , Michael J. Venditto , Sarah K. Kam
    Location:
    USA
    Firm:
    Reed Smith LLP
    Yes. It is possible to avoid tax penalty claims in bankruptcy
    2016-08-05

    On August 2, 2016, Judge Brendan L. Shannon of the Delaware Bankruptcy Court issued an opinion (the “Opinion”) in the Refco Public Commodity Pool, L.P. bankruptcy, Case No. 14-11216. A copy of the Opinion is available here. The Opinion holds that this Debtor’s failure to file its taxes was due to reasonable cause, and the associated tax penalties are, therefor, claims that can be excused and disallowed.

    Filed under:
    USA, Insolvency & Restructuring, Tax, Fox Rothschild LLP, Bankruptcy
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Same As It Ever Was: Seventh Circuit Reaffirms Narrow Construction of Informal Proof of Claim Doctrine
    2016-08-05

    We’ve previously commented on this blog on a number of decisions (see: (i) Too Little, Too Late: Ninth Circuit Holds Confirmation Objection Insufficient to Revive Untimely Complaint Objecting to Dischargeability of Debt, (ii)

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Seventh Circuit
    Authors:
    Matthew Goren
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    You Get a Car! You Get a Car! Bankruptcy Court Gives Debtor a Car. Unsecured Creditors Get Nothing
    2016-08-05

    So, a ruling came out in June that we in The Bankruptcy Cave have been dying to blog about (and not just so we can use the blog title above). Forgive the delay – heavy workloads and summer vacations often preclude timely blog posts. But this one is a doozy, better late than never on this blog post.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Unsecured debt, United States bankruptcy court
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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