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    The Seventh Circuit interprets Wisconsin exemption law on college savings accounts and retirement annuities, but did it have jurisdiction? (part 1 of 2)
    2015-01-20

    In re Bronk (Cirilli v. Bronk), No. 13-1123 (7th Cir. Jan. 5, 2015), resolved a couple of “questions of first impression,” slip op.

    Filed under:
    USA, Wisconsin, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Foley & Lardner LLP, Seventh Circuit
    Authors:
    Thomas L. Shriner Jr , Rachel M. Blise
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Show me the money – courts in the Second Circuit continue to apply section 109 to Chapter 15 cases and cash in the bank does the job
    2015-01-20

    In December 2013, the Court of Appeals for the Second Circuit held that section 109 of the Bankruptcy Code was applicable to Chapter 15 cases.  In Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Title 11 of the US Code, Second Circuit
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Tenth Circuit BAP adopts majority rule that bankruptcy estate does not include property placed in escrow by the debtor absent debtor’s compliance with escrow terms
    2015-01-20

    In its opinion in LTF Real Estate Company, INc. v. Expert South Tulsa, LLC (In re Expert South Tulsa), 2014 WL 6845675 (10thCir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Bankruptcy, Debtor, Bankruptcy Appellate Panel, Tenth Circuit
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Examining the enforceability of prepetition waivers of the automatic stay
    2015-01-20

    Recently, a bankruptcy court for the district of Puerto Rico held that a debtor’s waiver of the automatic stay contained in a pre-petition forbearance agreement was enforceable. In re Triple A & R Capital Inv., Inc., 519 B.R. 581 (Bankr. D.P.R. 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Debtor, Waiver, United States bankruptcy court
    Authors:
    Andrew S. Nicoll
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Bankruptcy sales: “it ain’t over ’til it’s over”
    2015-01-20

    Great Plains Royalty Corp. v. Earl Schwartz Co. (In re Great Plains Royalty Corp.), 520 B.R. 292 (Bankr. D. N.D. 2014) –

    Filed under:
    USA, North Dakota, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor
    Location:
    USA
    Firm:
    Troutman Pepper
    Significant multiemployer and single employer benefit rule changes take effect
    2015-01-20

    On December 16, 2014, President Obama signed into law the $1.1 trillion Consolidated and Further Continuing Appropriations Act of 2015 (Appropriations Act), which includes some significant changes to the rules governing multiemployer pension plans, as well as a few changes affecting single employer pension plans.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Proskauer Rose LLP, Endangered species, Pension Benefit Guaranty Corporation, Pension Protection Act 2006 (USA)
    Authors:
    Ira M Golub , Robert M. Projansky , Justin S. Alex
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    ABI chapter 11 Reform Commission series: claims trading
    2015-01-20

    As our loyal readers know, the Weil Bankruptcy Blog is running a series of posts discussing the various interesting topics covered in the American Bankruptcy Institute Commission to Study the Refo

    Filed under:
    USA, Insolvency & Restructuring, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Tronox: the weed that choked a flower – lessons for buyers on proving solvency
    2015-01-20

    As discussed in Part 1 and Part 2 of this series, any buyer of assets from a company in any degree of financial stress should be concerned about the transaction being attacked as a fraudulent transfer.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Stinson LLP
    Authors:
    Paul M. Hoffmann
    Location:
    USA
    Firm:
    Stinson LLP
    Denial of plan confirmation and finality - Supreme Court's resolution of circuit split may apply to Chapter 11
    2015-01-21

    INTRODUCTION

    The Supreme Court has agreed to hear Bullard v. Hyde Park Savings Bank (In re Bullard), U.S., No. 14-116 (cert. granted 12/12/14). The Court's decision in this case will resolve a circuit split with regard to whether an order denying confirmation of a bankruptcy plan is a final order appealable pursuant to 28 U.S.C. § 158(d)(1). The decision has the potential to impact Chapter 13 and Chapter 11 cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Burr & Forman LLP, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Burr & Forman LLP
    Want to shop? Don’t let bankruptcy stop you!
    2015-01-21

    The automatic stay is a powerful tool of the Bankruptcy Code, affording debtors a breathing spell from creditors seeking payment. Section 362(k)(1) of the Bankruptcy Code reinforces the stay by allowing individual debtors to recover actual and punitive damages for willful violations.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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