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    R&I Update: Hot Topics in Oil and Gas Restructurings, Volume 3
    2016-05-19

    Yes, Gathering Agreements Can Be Rejected as Executory Contracts (At Least Under One Court’s Interpretation of Texas Law)

    Filed under:
    USA, New York, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, McGuireWoods LLP, Bankruptcy, Personal property, Second Circuit, Texas Supreme Court
    Authors:
    Dion W. Hayes , James E. Van Horn , John H. Thompson , Mark A. Platt , Kyle R. Hosmer
    Location:
    USA
    Firm:
    McGuireWoods LLP
    United States Supreme Court Expansively Interprets “Actual Fraud” Bankruptcy Discharge Exception
    2016-05-19

    In its recently issued decision in Husky International Electronics, Inc. v. Ritz, a 7-1 majority of the Supreme Court has clarified that intentionally fraudulent transfers designed to hinder or defraud creditors can fall within the definition of “actual fraud” under Section 523(a)(2)(A) of the Bankruptcy Code and can sometimes result in corresponding liabilities being non-dischargeable in a personal bankruptcy proceeding.1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, A&O Shearman, Fraud
    Authors:
    Fredric Sosnick , Douglas P. Bartner , Joel Moss , Solomon J. Noh , Ned S. Schodek
    Location:
    USA
    Firm:
    A&O Shearman
    When and How Can a Chapter 7 Bankruptcy Trustee Liquidate Your Collateral?
    2016-05-19

    So you are chugging along with a foreclosure action (either on real and/or personal property) only to be stopped in your tracks by the borrower filing a voluntary Chapter 7 bankruptcy petition. The usual, immediate thought is – “better contact our bankruptcy counsel to obtain relief from the automatic stay.” Well, perhaps, or perhaps you might want to contact the Chapter 7 Trustee first (either directly or through your bankruptcy counsel). Why? Maybe the Chapter 7 Trustee would be interested in liquidating that collateral for you though the bankruptcy system.

    Filed under:
    USA, Insolvency & Restructuring, Murtha Cullina LLP, Bankruptcy, Debtor, Collateral (finance), Personal property, Foreclosure, Liquidation, Trustee
    Authors:
    Robert E. Kaelin
    Location:
    USA
    Firm:
    Murtha Cullina LLP
    In re Polly
    2016-05-19

    (Bankr. W.D. Ky. May 17, 2016)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Debtor
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    U.S. Supreme Court Holds that "Actual Fraud" Discharge Bar Encompasses Fraudulent Transfers
    2016-05-19

    On May 16, 2016, the U.S. Supreme Court decided Husky International Electronics, Inc. v. Ritz, No. 15-145, holding that the "actual fraud" bar to discharge under section 523(a)(2)(A) of the Bankruptcy Code encompasses an individual debtor's knowing receipt of fraudulently transferred property.

    Statutory Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Debtor, Fraud, Debt, Title 11 of the US Code, Supreme Court of the United States
    Authors:
    Shay Dvoretzky , Emily J. Kennedy
    Location:
    USA
    Firm:
    Jones Day
    SCOTUS Gives Creditors Greater Capacity to Allege Fraud in Bankruptcy Proceedings
    2016-05-17

    In a favorable ruling to creditors and bankruptcy trustees, SCOTUS issued its ruling yesterday in Husky Int'l Elecs., Inc. v. Ritz (In re Ritz) addressing a circuit split on whether “actual fraud” requires a debtor in bankruptcy to have made a false representation. The 7-1 majority found that “actual fraud” under §523(a)(2)(A) of the Bankruptcy Code to encompass fraudulent conveyance schemes, even when those schemes do not involve a false representation.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons Bingham Greenebaum LLP, Bankruptcy, Debtor, Fraud, Supreme Court of the United States
    Authors:
    April A. Wimberg
    Location:
    USA
    Firm:
    Dentons Bingham Greenebaum LLP
    7 things you should know about the new Missouri Commercial Receivership Act
    2016-05-16

    On May 10, 2016, the Missouri General Assembly passed the Missouri Commercial Receivership Act (MCRA), providing for significant changes to Missouri’s law on receiverships. Assuming that Governor Nixon signs the bill (which is almost certain), the law will become effective later this year. The significant changes to the Missouri receivership law in the MCRA are as follows:

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Thompson Coburn LLP
    Authors:
    David Warfield , Cheryl Kelly , Brian W. Hockett
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    ASARCO’s Revenge: Do Estate Professionals Now Have to Charge the Same Fees to an Estate or Committee that They Would Charge a Similar Client in an Out-of-Court Matter?
    2016-05-16

    Either from our prior posts here and here, or from the great posts from Stone and Baxter’s Plan Propon

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave)
    Authors:
    Mark I. Duedall , Jay Krystinik
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Discharge Exception for Fraud by Corporate Insider Is More Broad Than Circuit Court of Appeals Had Thought
    2016-05-16

    On May 16, 2016, the Supreme Court of the United States handed down its opinion in Husky International Electronics, Inc. v. Ritz, Case No. 15-145.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Duane Morris LLP, Debtor, Fraud, Misrepresentation, Supreme Court of the United States, Fifth Circuit
    Authors:
    William C. Heuer , Rosanne Ciambrone , Rudolph J. Di Massa, Jr.
    Location:
    USA
    Firm:
    Duane Morris LLP
    Missouri Commercial Receivership Act
    2016-05-16

    On May 10, 2016, the Missouri Commercial Receivership Act (the “Act”) was passed by the Missouri General Assembly as SB 578. The proposed Act provides a complete statutory structure for the appointment of receivers and the administration of receiverships within the state.

    Currently, Missouri law regarding receiverships is largely based on case law, in addition to very limited statutory authority. As a result, receivership law can be somewhat confusing and inconsistently applied.

    Filed under:
    USA, Missouri, Insolvency & Restructuring, Spencer Fane LLP
    Authors:
    Eric C. Peterson
    Location:
    USA
    Firm:
    Spencer Fane LLP

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