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    But only from sea to shining sea: U.S. court limits the reach of U.S. Bankruptcy Code
    2014-07-17

    International businesses involved in transactions associated in some way  with U.S. citizens received a measure of relief over the 4th of July holiday  weekend.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Sullivan & Worcester LLP
    Authors:
    Patrick P. Dinardo
    Location:
    USA
    Firm:
    Sullivan & Worcester LLP
    U.S. Supreme Court denies bankruptcy protection for inherited IRAs
    2014-07-17

    The U.S. Supreme Court’s recent decision in Clark v. Rameker has given individuals with IRAs a new reason to consider the use of trusts as their designated beneficiaries.  On June 12, 2014, the Court’s unanimous decision made clear that inherited IRAs do not receive bankruptcy protection under federal law.

    FEDERAL EXEMPTION

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Tucker Ellis, Bankruptcy, Debtor
    Authors:
    Susan L. Racey , Thomas W. Coffey , Robert S. Frost , Peter A. Igel , Erica E. McGregor , Rennie C. Rutman
    Location:
    USA
    Firm:
    Tucker Ellis
    The Fourth Circuit provides a useful roadmap for debtor’s seeking third-party releases
    2014-07-17

    The inclusion of third-party releases in plan of reorganization can be a particularly contentious aspect of the plan confirmation process. Debtors seeking such releases typically face opposition from affected creditors and scrutiny from bankruptcy courts that consider such releases prone to abuse.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Fourth Circuit invalidates third-party release provision in chapter 11 plan
    2014-07-17

    On June 27, 2014, in National Heritage Foundation, Inc. v. Highbourne Foundation, 1 the United States  Court of Appeals for the Fourth Circuit, agreeing with decisions by the Bankruptcy Court for the Eastern  District of Virginia and the District Court for the Eastern District of Virginia, which were issued upon  remand from a prior appeal, held that the third-party non-debtor release provision in the chapter 11 plan  of reorganization of National Heritage Foundation, Inc.  was invalid.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fried Frank Harris Shriver & Jacobson LLP, Debtor, Remand (court procedure), Fourth Circuit, Sixth Circuit
    Location:
    USA
    Firm:
    Fried Frank Harris Shriver & Jacobson LLP
    Creditors collecting old debts beware
    2014-07-18

    Creditors in bankruptcy cases may be interested in the July 10, 2014 Opinion issued by the Eleventh Circuit in Crawford v. LVNV Funding, LLC. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Arnall Golden Gregory LLP, Bankruptcy, Statute of limitations, Limited liability company, Debt, Eleventh Circuit
    Authors:
    Darryl Scott Laddin
    Location:
    USA
    Firm:
    Arnall Golden Gregory LLP
    Lease abatement: the act of eliminating or nullifying
    2014-07-18

    N. Providence, LLC v. Great Atlantic & Pacific Tea Co., Inc. (In re Great Atlantic & Pacific Tea Co., Inc.),510 B.R. 42 (S.D.N.Y. 2014) –

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Troutman Pepper, Landlord
    Location:
    USA
    Firm:
    Troutman Pepper
    Highlights from 2014 (and beyond)
    2014-07-18

    It’s a beautiful day for the beach.  Even though some of us may be at the beach today (and if you are at the beach, why didn’t you invite us?), bankruptcy, like time, waits for no one.  Wherever we happen to be, ‘tis the season for a little something light – or at least lighthearted.  In the spirit of summer Fridays, we wanted to take the opportunity to bring you some of the colorful quotes that we’ve come across in bankruptcy decisions over the past few months.  And for those of you who crave more: worry not – we’ll keep combing our records in efforts to bring you furth

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    The pain that comes along with walking a mile in your own shoes … Circuits refuse to allow reorganized debtors to “step in the shoes” of debtors in possession as subrogees
    2014-07-16

    Walk a mile in my shoes

    Walk a mile in my shoes

    Yeah, before you abuse, criticize and accuse

    Walk a mile in my shoes

    (Elvis Presley, “Walk a Mile in My Shoes”)

    Walk a mile in these Louboutins

    But they don’t wear these *%!# where I’m from

    I’m not hating, I’m just telling you

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor in possession
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Insolvency of underlying insurer does not trigger next coverage layer
    2014-07-16

    Why it matters

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Insurance, Litigation, Manatt Phelps & Phillips LLP, Qui tam
    Authors:
    Amy B. Briggs , David B. Killalea , Stephen T. Raptis , Robert H. Shulman , Susan P. White
    Location:
    USA
    Firm:
    Manatt Phelps & Phillips LLP
    Federal antitrust laws: a new tool to prohibit pre-petition coordination among creditors?
    2014-07-14

    Who Should Read This? Anyone that deals in distressed debt, and in particular anyone that acquires distressed or defaulted bond debts.

    Filed under:
    USA, Competition & Antitrust, Insolvency & Restructuring, Litigation, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Sherman Antitrust Act 1890 (USA)
    Authors:
    Bradley J. Purcell , Justin A. Sabin , Jamila J. Willis
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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