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    The Sixth Circuit Sets Standard on Power Struggle at Play in Bankruptcy Proceedings Between a Federal Agency and its Federally Endorsed Contracts and the Bankruptcy Court
    2019-12-31

    In In re FirstEnergy Solutions Corp., 2019 WL 6767004 (6th Cir. Ct. App.), the United States Court of Appeals affirmed in part, reversed in part, and remanded to the bankruptcy court for further consideration, the determination that the bankruptcy court held exclusive and unlimited jurisdiction and therefore could enjoin FERC from taking action regarding energy contracts because under the BJR they were financially burdensome on FES and as such could be rejected.

    Facts

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, FERC, United States bankruptcy court
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Third Circuit’s EFH Decision Is Another Blow to Senior Secured Creditors Attempting to Enforce Subordination Agreements
    2019-08-07

    Earlier this year, the United States Bankruptcy Court for the Southern District of New York issued an opinion in BOKF NA v. Wilmington Sav. Fund Soc’y FSB (In re MPM Silicones LLC), Case No. 15-2280, 2019 WL 121003 (S.D.N.Y. Jan. 4, 2019), which had significant ramifications for senior secured creditors. Much has been written about this decision, so a lengthy discussion will not be undertaken here.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor, United States bankruptcy court
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    PG&E Bankruptcy Threatens Power Purchase Agreements
    2019-01-30

    Pacific Gas and Electric Company and PG&E Corporation (together “PG&E”) filed for relief under Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the Northern District of California on January 29, 2019.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, FERC, United States bankruptcy court
    Authors:
    Lee B. Hart , Dylan Trache
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Local Bankruptcy Rules Cannot Add Additional Chapter 13 Confirmation Requirements
    2019-01-02

    Bankruptcy Judges cannot impose additional local chapter 13 confirmation requirements beyond those created by Congress, according to the Southern District of Illinois (the “District Court”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court
    Authors:
    Graham Mitchell
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    In re Millennium Lab Holdings: “All We Are Saying Is Give Nonconsensual Third-Party Releases a Chance”
    2018-09-24

    District Court Confirms Bankruptcy Court’s Constitutional Authority to Approve Millennium Plan Releases, Dismisses as Equitably Moot Opt-Out Lenders' Remaining Issues on Appeal

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, US Department of Justice, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Shane G. Ramsey , David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    What Not To Do In The Courthouse
    2018-06-01

    As an officer of the court every attorney is held accountable to the standards set forth in the Rules of Professional Conduct. In bankruptcy court, attorneys are held to additional standards set forth in local bankruptcy law. A violation of the rules can result in harsh sanctions as attorney Richard Gates discovered in In re Gates, Misc. Case No. 18-00301-KRH (Bankr. E.D. Va. Apr. 5, 2018).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Using Trusts to Protect Assets in Bankruptcy
    2018-05-30

    InIn re Blasingame, 2018 WL 2084789 (B.A.P. 6th Cir. May 3, 2018), the Sixth Circuit Bankruptcy Appellate Panel demonstrates that trusts can be used to protect assets from the reach of creditors in the context of a bankruptcy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Nelson Mullins Riley & Scarborough LLP, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Authors:
    David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Sticking it to the IRS - Judge Rules IRS Code Interest Rate does not Trump Interest Rate in Confirmed Plan
    2017-11-22

    If, like me, you have ever scratched your head in confusion while preparing your taxes and thought to yourself – “I can’t believe the IRS takes such an absurd position on xyz tax exemption I want to use – who comes up with these crazy positions?” – then you might take some pleasure in a recent opinion from Judge Gross of the United States Bankruptcy Court for the District of Delaware calling an argument made by the IRS “strained and a bit confusing.” You read that right.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Nelson Mullins Riley & Scarborough LLP, Tax exemption, Internal Revenue Service (USA), United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Riches to Rags: 50 Cent’s Efforts to Get Solvent or Die Tryin’
    2017-10-27

    Back in July of 2015, Curtis James Jackson, III, more commonly known as 50 Cent, filed for Chapter 11 bankruptcy relief in the United States Bankruptcy Court for the District of Connecticut, a little over two months after he was ranked fourth in the list of wealthiest hip-hop artists by Forbes. Jackson’s filing came on the heels of a New York state court ruling against him for $5 million in favor of Lastonia Leviston (plus $2 million in punitive damages that were later awarded post-petition) for impermissibly posting a sex tape online.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bankruptcy, United States bankruptcy court
    Authors:
    David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    In re Olsen: A Cautionary Tale Regarding Due Process and 363 Sales
    2017-09-28

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Nelson Mullins Riley & Scarborough LLP, Due process, United States bankruptcy court
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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