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    The Res Judicata Effect of a Confirmed Chapter 13 Plan on Claim Objections: The Fourth Circuit Provides Guidance to Secured and Unsecured Claimants
    2017-10-23

    In LVNV Funding, LLC v. Harling, 852 F.3d 367 (4th Cir. 2017), as amended (Apr. 6, 2017), the Fourth Circuit addressed whether claim objections filed after a Chapter 13 plan had been confirmed are barred by the res judicata effect of the confirmed plan. Here, LVNV Funding filed unsecured proofs of claim that it conceded were barred by the statute of limitations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Unsecured debt, Res judicata and issue estoppel, Fourth Circuit
    Authors:
    Keith Poston
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Rule of law may be newest victim of the credit crisis
    2008-11-13

    There has been no shortage of victims in this financial crisis. Pensions and retirement savings have been severely reduced, jobs have been lost and once powerful financial institutions have failed. But, there is, perhaps, another victim that has largely gone unnoticed: the rule of law.

    In his Evil Empire speech before the British House of Commons in June 1982, President Ronald Reagan refocused American political values on the rule of law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, McCarthy Tétrault LLP, Bankruptcy, Shareholder, Unsecured debt, Debt, Stakeholder (corporate), US Federal Government, Lehman Brothers, Citibank
    Location:
    USA
    Firm:
    McCarthy Tétrault LLP
    Do you have to sell to an insolvent purchaser?
    2008-06-30

    Given the state of the economy, it will not be a rare occurrence in the short term for a supplier to receive a request to sell and deliver further goods to a purchaser who has filed proceedings under the Companies Creditors Arrangement Act (CCAA) or Chapter 11 of the United States Bankruptcy Code — and who is already indebted for unpaid pre-filing sales.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Injunction, Debt, Supply chain, Precondition, Default (finance), United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    McCarthy Tétrault LLP
    The Wage Earner Protection Program: protection of workers’ wages in the event of employer insolvency
    2008-01-14

    On December 14, 2007, Bill C-12 was given Royal Assent. The Bill involves a comprehensive reform of Canada’s insolvency system. A key component of these reforms was the creation of the Wage Earner Protection Program (WEPP). The WEPP provides statutory wage protection for workers when a) their employer becomes bankrupt or subject to a receivership, and b) their employment is terminated as a result.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, McCarthy Tétrault LLP, Wage, Bankruptcy, Debtor, Unsecured debt, Due diligence, Unemployment benefits, Unsecured creditor, US Federal Government
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP
    The bankruptcy receiver can continue utilities contracts, but is not bound to pay in full previous claims based on such contracts
    2018-02-26

    The Court of Cassation with a decision of 25 September 2017, No. 22274 confirms that Art. 74 of the Italian Bankruptcy Law provides a special rule, which does not apply to cases to which it is not explicitly extended

    The case

    Filed under:
    Italy, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy, Unsecured debt, Italian Supreme Court of Cassation
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    Fifth Circuit Suggests Claims for Make-Whole Amounts Should Be Disallowed
    2019-01-29

    The Situation On January 17, 2019, the Fifth Circuit strongly suggested that claims for make-whole damages be characterized as "unmatured interest" and that claims for postpetition interest on unsecured debt be limited in bankruptcy proceedings.

    The Result The court's decision appears to be one that favors debtors over lenders.

    Looking Ahead It is unclear if the court's reasoning will be adopted by other jurisdictions and/or in cases with differing factual and legal grounds.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Unsecured debt, Fifth Circuit
    Authors:
    Bruce Bennett , Jeffrey B. Ellman (Jeff)
    Location:
    USA
    Firm:
    Jones Day
    House Passes Legislation Allowing Financial Institutions to Seek Chapter 11 Protection
    2017-06-12

    On April 5 and June 8, 2017, the U.S. House of Representatives passed bills (the Financial Institution Bankruptcy Act of 2017 ("FIBA") and the Financial CHOICE Act of 2017) that would allow financial institutions to seek protection under Chapter 11 of the Bankruptcy Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Jones Day, Unsecured debt, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, US House of Representatives
    Authors:
    Kevyn D. Orr , Dan T. Moss , Anna M. Wetzel
    Location:
    USA
    Firm:
    Jones Day
    In Brief: U.S. Supreme Court Invalidates Nonconsensual "Structured Dismissal" of Chapter 11 Case Incorporating Settlement Deviating From Bankruptcy Code’s Priority Scheme
    2017-04-13

    In a highly anticipated decision, the U.S. Supreme Court ruled on March 22, 2017, in Czyzewski v. Jevic Holding Corp., No. 15-649, 2017 BL 89680 (U.S. Mar. 22, 2017), that, without the consent of affected creditors, bankruptcy courts may not approve "structured dismissals" providing for distributions which "deviate from the basic priority rules that apply under the primary mechanisms the [Bankruptcy] Code establishes for final distributions of estate value in business bankruptcies."

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Unsecured debt, Liquidation, Title 11 of the US Code, SCOTUS, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    The Third Circuit Weighs In Again on the Meaning of “Unreasonably Small Capital” in Constructively Fraudulent Transfer Avoidance Litigation
    2016-08-08

    In the November/December 2014 edition of the Business Restructuring Review, we discussed a decision handed down by the U.S. District Court for the District of Delaware addressing the meaning of “unreasonably small capital” in the context of constructively fraudulent transfer avoidance litigation. In Whyte ex rel. SemGroup Litig. Trust v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Bankruptcy, Conflict of laws, Debtor, Unsecured debt, Fraud, Interest, Federal Reporter, Debt, Conveyancing, Cashflow, Title 11 of the US Code, Third Circuit, Seventh Circuit, US District Court for District of Delaware, Trustee
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Funds earmarked by section 363 purchaser to pay creditors need not be distributed in accordance with Bankruptcy Code’s priority scheme
    2015-11-17

    A ruling recently handed down by the U.S. Court of Appeals for the Third Circuit may provide significant flexibility to debtors in that circuit who are implementing sales of substantially all of their assets. In In re LCI Holding Company, Inc., 2015 BL 295784 (3d Cir. Sept.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Unsecured debt, Title 11 of the US Code, Third Circuit
    Authors:
    Timothy Hoffmann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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