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    Ninth Circuit Affirms Bankruptcy Court’s Decision that Applicable Homestead Exemption is the One in Effect at the Time of the Bankruptcy Filing
    2023-01-19

    When deciding the amount of homestead exemption to which a debtor is entitled, should a bankruptcy court apply the state exemption in effect on the creation date of the lien or on the bankruptcy filing date? According to the Ninth Circuit in a recent decision, the court should apply the state exemption law in effect on the filing date of the bankruptcy petition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Supreme Court of the United States
    Authors:
    Deborah Kovsky-Apap
    Location:
    USA
    Firm:
    Troutman Pepper
    Supreme Court Grants Certiorari to Determine Whether the Bankruptcy Code Waives Sovereign Immunity of Native American Tribes
    2023-01-20

    On January 13, 2023, the Supreme Court granted the Lac du Flambeau Band of Lake Superior Chippewa Indians’ Petition for a Writ of Certiorari to resolve the split of circuits on whether Section 106 of the Bankruptcy Code evinces Congress’ unequivocal intent to abrogate Native American Tribes’ sovereign immunity.1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Snell & Wilmer LLP, Supreme Court of the United States
    Authors:
    Heidi McNeil Staudenmaier , Jacklyn M. Branby
    Location:
    USA
    Firm:
    Snell & Wilmer LLP
    Appellate Review of a Bankruptcy Court’s Preliminary Injunction
    2023-01-20

    Should a bankruptcy court’s preliminary injunction be subject to appellate review?Taking the negative position, the U.S. District Court for the Eastern District of New York recently held that it had the “discretion … to decline to hear” an appeal from a bankruptcy court’s preliminary injunction. Navient Solutions, LLC et al. v. Homaidan et al., 2022 WL 17252459, *4 (E.D.N.Y. Nov. 28, 2022), quoting In re Kassover, 343 F.3d 91, 95 (2d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Preliminary injunction, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Lack of Notice of Bankruptcy Filing Proves Fatal to FDCPA Claim
    2023-01-20

    Creditors and debt collectors may rest assured that they are not violating the Fair Debt Collection Practices Act (FDCPA) when sending debt-collection communications prior to any knowledge of a debtor’s bankruptcy filing. In Carrasquillo v.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper, Fair Debt Collection Practices Act 1977 (USA)
    Authors:
    Jonathan P. Floyd , Stefanie H. Jackman , Ahmed Khattab
    Location:
    USA
    Firm:
    Troutman Pepper
    Some Bankruptcy Law History: Debtor Benefits Are Always A Tough Sell (Part II, Early 1800s to 1978)
    2023-01-19

    Bankruptcy benefits for individual debtors are a tough sell—always have been. That’s because no one likes bankruptcy—unless they need it.

    But relieving people from debts in unfortunate circumstances is essential to our collective way of life in these United States. That’s always been true.

    What follows is the second of three installments on some history of bankruptcy laws through the ages, beginning with ancient times—and to the present in these United States.

    Federal Bankruptcy Act of 1841

    Filed under:
    USA, Banking, Insolvency & Restructuring, Koley Jessen PC, Bankruptcy, US Congress, Supreme Court of the United States
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    Customer Rights and Protections when Japanese Crypto Assets Exchange files for U.S. Chapter 11 (In the wake of the bankruptcy of FTX Trading)
    2023-01-19

    Background

    The bankruptcy of FTX Trading, a major U.S. crypto assets exchange, is bringing to light the pitfalls of global bankruptcy. The reason for this is that FTX Japan, a Japanese subsidiary of FTX Trading, also filed for Chapter 11 bankruptcy protection in the U.S. This differs from the bankruptcy of Lehman Brothers Group given the Japanese subsidiary of FTX Trading did not file for bankruptcy in Japan due to a significant excess of assets.

    Filed under:
    Japan, USA, Insolvency & Restructuring, Litigation, Nagashima Ohno & Tsunematsu, Due diligence, Insolvency, FTX
    Authors:
    Yosuke Kanegae
    Location:
    Japan, USA
    Firm:
    Nagashima Ohno & Tsunematsu
    Make-Whole Premiums in Bankruptcy: A Decision that Hertz Creditors
    2023-01-18

    Two recent court decisions may indicate more uncertainty with respect to the enforceability of “make-whole” premiums in bankruptcy. Make-whole or prepayment premiums are common within loan agreements, bond issuances and other debt instruments.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP
    Authors:
    Scott G. Night , Laura Shapiro
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Liability Management - Vaccine or Pandemic? Private Credit Restructuring Year in Review
    2023-01-17

    Once again, we reflect on the prior year for restructuring trends impacting private credit lenders. Last year it was all about “liability management”—the latest trend in which the limits of sponsor-favorable loan documents are being tested, in some cases past the breaking point.

    Filed under:
    USA, Insolvency & Restructuring, Proskauer Rose LLP, Supply chain
    Authors:
    Peter J. Antoszyk , Charles A. Dale , David M. Hillman , Vincent Indelicato , Matthew R. Koch
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Celsius Bankruptcy Court Confirms That Customer Digital Assets Are Property of the Estate in Key Ruling
    2023-01-17

    The bankruptcy court presiding over the Chapter 11 cases of digital asset platform Celsius Network LLC and its affiliates (Celsius) issued a key ruling on January 4, 2023 (the Decision), by concluding that a significant portion of digital assets held in Celsius’ customer accounts are property of the debtors’ estates, and holders of such accounts accordingly are unsecured creditors.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Sidley Austin LLP, Blockchain
    Authors:
    Teresa Wilton Harmon , Stephen E. Hessler , Lilya Tessler , Dennis M. Twomey , Allison Ross Stromberg
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Earn Accounts are Property of the Estate: Celsius Update
    2023-01-17

    Earlier this month, the SDNY Bankruptcy Court answered one of the gating questions at the center of Celsius Network’s Chapter 11 bankruptcy regarding the ownership of the approximately $4.2 billion in crypto assets.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Crowell & Moring LLP, Cryptocurrency, US District Court for the Southern District of New York
    Authors:
    Richard J. Lee , Matthew Repetto
    Location:
    USA
    Firm:
    Crowell & Moring LLP

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