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    Supreme Court upholds individual states’ rights to tax certain bankruptcy sales
    2008-06-20

    On June 16, 2008, Justice Clarence Thomas delivered the opinion of the court in Florida Department of Revenue v. Piccadilly Cafeterias, Inc. In a 7-2 decision, the Supreme Court reversed the decision of the U.S. Court of Appeals for the Eleventh Circuit and held that § 1146(a) provides an exemption to state stamp taxes only where a sale occurs pursuant to a plan that has been confirmed, and did not properly apply to a case where the plan was confirmed several months after the bankruptcy court approved the sale.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Wiley Rein LLP, Tax exemption, Bankruptcy, Debtor, Dissenting opinion, Stamp duty, Majority opinion, Title 11 of the US Code, SCOTUS, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Protection for “personally identifiable information” in bankruptcy sales
    2007-12-05

    The nature of online commerce requires the collection of information from individuals to identify the parties to individual transactions, transfer funds for payment, and ensure the delivery of the goods or services being acquired. Public concern about the potential for abuse of such information by online merchants gave rise to the development of so-called "privacy policies" that provide a measure of reassurance that information collected will be protected from unauthorized use and disclosure.

    Filed under:
    USA, Insolvency & Restructuring, Internet & Social Media, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Consumer protection, Personally identifiable information, Consideration, Consumer privacy, Social Security number, US Code, Title 11 of the US Code, Federal Trade Commission (USA), US Congress, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy court rejects Congoleum bankruptcy plans: appeal to the United States District Court for the District of New Jersey filed
    2007-05-17

    The United States Bankruptcy Court for the District of New Jersey rejected the pre-packaged bankruptcy plan presented by the debtors and asbestos claims representatives. In re Congoleum Corp., No. 03-51524, 2007 WL 328694 (Bankr. D.N.J. Jan. 26, 2007). In addition, the court rejected a plan proposed by a group of insurers. In re Congoleum Corp., No. 03-51524, 2007 WL 328700 (Bankr. D.N.J. Feb. 1, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Debtor, Injunction, Adoption, Unsecured creditor, United States bankruptcy court, US District Court for District of New Jersey
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Sixth Circuit finds no bankruptcy exception to prohibition against direct actions in Tennessee
    2014-02-24

    The Court of Appeals for the Sixth Circuit held that no exception exists to Tennessee’s general prohibition on direct actions against an insurer, even in cases where the insured has declared bankruptcy triggering an automatic stay before a judgment in the underlying action.  Mauriello v. Great American E&S Insurance Co., 2014 WL 321921 (6th Cir. Jan. 30, 2014).  In so holding, the Sixth Circuit reasoned that an adequate remedy remains notwithstanding the automatic stay for a claimant to obtain a judgment against a bankrupt insured.

    Filed under:
    USA, Tennessee, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, United States bankruptcy court, Sixth Circuit
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy court exercises jurisdiction over trustee’s adversary proceeding against insurer
    2013-01-18

    The United States Bankruptcy Court for the Eastern District of New York held that it had subject matter jurisdiction over a bankruptcy trustee’s adversary proceeding against the bankrupt entity’s insurer because the policy and policy proceeds were part of the policyholder’s bankruptcy estate.  EMS Financial Services, LLC. v. Federal Ins. Co., 2013 WL 64755 (Bankr. E.D.N.Y.  Jan. 4, 2013).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Negligence, Subject-matter jurisdiction, United States bankruptcy court
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Dynegy examiner's report identifies potential fraudulent transfer and prompts request for Chapter 11 trustee
    2012-03-30

    On March 9, 2012, Susheel Kirpalani, the court-appointed examiner for Dynegy Holdings, LLC (Dynegy), concluded that the debtor's transfer of certain assets to its parent company, Dynegy, Inc., prior to its bankruptcy filing may be recoverable as a fraudulent transfer. Kirpalani further determined that Dynegy's board of directors breached its fiduciary duty in approving the asset transfer. Dynegy, Inc. vigorously disputes the examiner's findings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Debtor, Fraud, Fiduciary, Trustee
    Authors:
    Rebecca L. Saitta
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Taneja bankruptcy trustee settles Ponzi scheme lawsuits
    2011-05-06

    Wiley Rein LLP partner H. Jason Gold, the chapter 11 bankruptcy trustee in the mortgage fraud and Ponzi scheme case of Vijay Taneja, announced today that he has reached settlements with 11 defendants in the 60 lawsuits he filed last year seeking to recover tens of millions of dollars for the benefit of Mr. Taneja's creditors.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, White Collar Crime, Wiley Rein LLP, Limited liability partnership
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Black Crow media group wins key rulings in reorganization case
    2010-05-20

    On April 5, 2010, the United States Bankruptcy Court for the Middle District of Florida denied motions filed by Black Crow's secured creditor that would have likely ended the company's chance to reorganize its operations under chapter 11 of the Bankruptcy Code.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Media & Entertainment, Wiley Rein LLP, Secured creditor, Title 11 of the US Code, United States bankruptcy court, US District Court for Middle District of Florida
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Defense costs advanced under interim funding agreement deemed property of debtor's estate
    2009-07-27

    The United States District Court for the Southern District of New York has affirmed a bankruptcy court's ruling that defense costs advanced by an insurer to a debtor under an Interim Fee Advancement and Non-Waiver Agreement (the Interim Agreement) were not held in trust and, therefore, constituted property of the debtor's estate. Great Am. Ins. Co. v. Bally Total Fitness Holding Corp. (In re Bally Total Fitness of Greater N.Y.), No. 09-CV-4052, 2009 WL 1684022 (S.D.N.Y. June 15, 2009).

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Debtor, Waiver, Beneficial interest, Constitution, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Court applies exclusion for claims involving receivership of a healthcare benefit plan
    2008-06-16

    The United States District Court for the Middle District of Florida, applying Florida law, has held that exclusions for claims involving the receivership of a healthcare benefit plan and claims involving Multiple Employer Welfare Arrangements (MEWA) barred coverage for claims brought by a receiver of a healthcare benefit plan alleging that brokers sold coverage under a benefit plan that was a MEWA. White v. Cont'l Cas. Co., 2008 WL 2073905 (M.D. Fla. May 14, 2008).

    Filed under:
    USA, Employee Benefits & Pensions, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Employee Retirement Income Security Act 1974 (USA), Breach of contract, Health insurance, Marketing, US District Court for Middle District of Florida
    Location:
    USA
    Firm:
    Wiley Rein LLP

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