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    Application of the absolute priority rule to pre-chapter 11 plan settlements: in search of the meaning of “fair and equitable”
    2007-05-31

    “Give ups” by senior classes of creditors to achieve confirmation of a plan have become an increasingly common feature of the chapter 11 process, as stakeholders strive to avoid disputes that can prolong the bankruptcy case and drain estate assets by driving up administrative costs.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Share (finance), Bankruptcy, Shareholder, Debtor, Unsecured debt, Dividends, Consideration, Liquidation, Secured creditor, Motorola, Second Circuit, United States bankruptcy court, First Circuit, Trustee
    Location:
    USA
    Firm:
    Jones Day
    The U.S. trustee's new chapter 11 fee guidelines
    2013-08-13

    Following the culmination of two public comment periods spanning more than a year, the Office of the United States Trustee, a unit of the U.S. Department of Justice (the “DOJ”) assigned to oversee bankruptcy cases, issued new final guidelines on June 11 governing the payment of attorneys’ fees and expenses in large chapter 11 cases—cases with $50 million or more in assets and $50 million or more in liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Department of Justice, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    In brief: rising to the Stern challenge
    2012-04-13

    Putting it mildly, the U.S. Supreme Court’s ruling last year in Stern v. Marshall, 132 S. Ct. 56 (2011), cast a wrench into the day-to-day operation of U.S. bankruptcy courts scrambling to deal with a deluge of challenges—strategic or otherwise—to the scope of their “core” jurisdiction to issue final orders and judgments on a wide range of disputes. In Stern, the Court ruled that, to the extent that 28 U.S.C.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, US Constitution, Article III US Constitution, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Calling all PRPs with contribution claims: pay up, or steer clear of bankruptcy court
    2011-04-01

    When a company that has been designated a responsible party for environmental cleanup costs files for bankruptcy protection, the ramifications of the filing are not limited to a determination of whether the remediation costs are dischargeable claims. Another important issue is the circumstances under which contribution claims asserted by parties coliable with the debtor will be allowed or disallowed in the bankruptcy case. This question was the subject of rulings handed down early in 2011 by the New York bankruptcy court presiding over the chapter 11 cases of Lyondell Chemical Co.

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Jones Day, Environmental remediation, Pollution, Bankruptcy, Surety, Debtor, Common law, US Environmental Protection Agency, US Congress, United States bankruptcy court
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Collateral surcharge denied despite inadequacy of carve-out due to express waiver in DIP financing agreement
    2008-08-01

    As a general rule, absent an express agreement to the contrary, expenses associated with administering the bankruptcy estate, including pledged assets, are not chargeable to a secured creditor’s collateral or claim but must be paid out of the estate’s unencumbered assets. Recognizing, however, that the bankruptcy estate may be called upon to bear significant expense in connection with preserving or disposing of encumbered assets as part of an overall reorganization (or liquidation) strategy, U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Collateral (finance), Waiver, Property tax, Limited liability company, Foreclosure, Condominium, Liquidation, Secured creditor, Ninth Circuit, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Jones Day
    Avoiding forfeiture of estate causes of action triggered by conversion to chapter 7
    2007-05-31

    The ability to borrow money during the course of a bankruptcy case is an important tool available to a chapter 11 debtor-in-possession (“DIP”). Often times, the debtor’s most logical choice for a lender is one with an existing pre-bankruptcy relationship with the debtor. As a condition to making new loans, however, lenders commonly require the debtor to waive its right to pursue avoidance or lender liability actions against the lender based upon pre-bankruptcy events.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Waiver, Statute of limitations, Liability (financial accounting), Liquidation, United States bankruptcy court, Tenth Circuit, Trustee
    Location:
    USA
    Firm:
    Jones Day
    This Just In - Supreme Court to Provide Clarity on Whether Collection of Time-Barred Debts in Bankruptcy Violates the Fair Debt Collection Practices Act.
    2016-10-11

    We all remember The Devil and Daniel Webster – the Devil comes to collect a seven year old debt (secured by Jabez Stone’s soul), only to be foiled by the great trial lawyer Daniel Webster – thanks to a skilled litigator, the old debt is forgiven!

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Fair Debt Collection Practices Act 1977 (USA), SCOTUS, United States bankruptcy court
    Authors:
    Mark I. Duedall
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Washington court finds Alaska self-settled asset protection trust subject to Washington Uniform Fraudulent Transfer Act
    2013-06-28

    The Bankruptcy Court for the Western District of Washington has now joined other states in invalidating transfers to a self-settled trust on a variety of grounds in the latest asset protection self settled trust case, In re Huber, 2012 Bankr. LEXIS 2038 (May 17, 2013).

    Filed under:
    USA, Washington, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Bryan Cave Leighton Paisner (Bryan Cave), Fraud, Beneficiary, Asset protection, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Defending A Preference Action - Can You Setoff Post-Petition Amounts Owed by the Debtor Against Your Preference Liability?
    2016-09-21

    All bankruptcy lawyers (and most long-suffering trade creditors) know that creditors who receive payments from a debtor within the “preference period” – 90 days before a voluntary bankruptcy case was filed, or 1 year if the creditor is an “insider” of the debtor – are at risk of lawsuit to return those payments to the bankruptcy estate. Pre-petition claims the creditor hold are no automatic defense.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Natalie Daghbandan
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Are inherited IRAs protected in bankruptcy?
    2012-05-01

    Whether post-death creditor protection is available to inherited IRAs under the 2005 Bankruptcy Act has been the subject of a number of cases decided in the last several years. The argument made by bankruptcy trustees is that, on the death of the IRA owner, the IRA ceases to be “retirement funds” as it is not the retirement funds of the beneficiary. Consequently, the bankruptcy trustees argue that the inherited IRA ceases to have the protection afforded to IRAs under the Bankruptcy Code.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Beneficiary, United States bankruptcy court
    Authors:
    Kathleen R. Sherby , Stephanie L. Moll
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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