Holland & Hart LLP | Global Insolvency

Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise

24 May 2016

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Seventh Circuit holds that the Religious Freedom Restoration Act does not apply in cases where the government is not a party, and further holds a Creditors Committee is not “the government”

26 May 2015

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Doing business with a potentially insolvent or bankrupt company

14 May 2015

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USA

Ninth Circuit holds discharged debts are still debts for purposes of determining eligibility to file under chapter 12

31 March 2015

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USA

Ninth Circuit BAP holds Law v. Siegel precludes barring a debtor’s amendment of exemptions on grounds of bad faith or equity

17 March 2015

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USA

Tenth Circuit BAP adopts majority rule that bankruptcy estate does not include property placed in escrow by the debtor absent debtor’s compliance with escrow terms

20 January 2015

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Does the reopening of a bankruptcy case re-impose the automatic stay? The U.S. Bankruptcy Court for the District of Colorado answers this question in the negative

06 January 2015

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USA

The final word on Mwangi—the Ninth Circuit holds debtor cannot recover alleged damages for a stay violation arising from an administrative freeze on the debtor’s bank account

22 December 2014

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Ninth Circuit rules that a debtor may in certain circumstances recover attorney’s fees incurred in prosecuting a stay violation (or, how a creditor can turn a small debt owed to it by the debtor into a large debt it must pay to the debtor)

09 December 2014

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Ninth Circuit BAP reluctantly holds that a state court civil contempt proceeding is not subject to the automatic stay, following Ninth Circuit Court of Appeals precedent under the Bankruptcy Act

25 November 2014

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