SCOTUSBlog

DECEMBER 3, 2022

Share The Supreme Court turns its attention to bankruptcy next Monday when it hears argument in MOAC Mall Holdings LLC v. The case involves the authority of a court of appeals to review a bankruptcy order authorizing a bankrupt tenant to sell its interest in a lease. The bankruptcy court rejected the landlord’s argument.

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The Crime Report

AUGUST 17, 2021

The final checkpoint for Purdue Pharma’s proposed $10 billion opioid crisis settlement deal, nearly half of which to be funded by members of the Sackler family, has continued in federal bankruptcy court, reports the Courthouse News Service. No member of the Sackler family has ever been criminally charged.

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Law 360

DECEMBER 5, 2023

Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

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SCOTUSBlog

JUNE 15, 2023

Coughlin , the Supreme Court held that Native American tribes are not immune from the automatic stay of the Bankruptcy Code. The decision is in no way surprising, as it merely obligates creditors operated by Native American tribes to submit to the bankruptcy process in the same way that the states and the federal government do.

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Diane Drain

MARCH 15, 2021

Protection of Stimulus Payments from a Bankruptcy Trustee. 10, § 1001(a) adds a new Bankruptcy Code § 541(b)(11) to the list of exclusions from property of the bankruptcy estate. The stimulus payments under the Consolidated Appropriations Act were authorized under new section 6428A of the Internal Revenue Code.

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Law 360

MARCH 6, 2024

A Delaware bankruptcy judge asked for more briefing on a temporary restraining order demand by the U.S. arm of Indian tech giant Byju's Wednesday, saying he wasn't sure he had the authority to issue such an order in the debtor's $533 million clawback action because Byju's is seeking the return of cash assets.

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Law 360

MARCH 3, 2023

Buckley on the Bankruptcy Code's fraud exception to dischargeability may have indirectly boosted the U.S. Securities and Exchange Commission's authority to collect monetary judgments arising out of its enforcement actions, say attorneys at King & Spalding. Supreme Court's recent decision in Bartenwerfer v.

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SCOTUSBlog

APRIL 20, 2023

Transform Holdco LLC resolves a technical question of bankruptcy law, holding that courts should not treat as “jurisdictional” a provision limiting the relief available when an appellate court disagrees with a trial court order authorizing a sale of the bankrupt’s assets. Now we get to the issue before the court.

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Intelligize Blog

APRIL 27, 2023

Bed Bath & Beyond is just one of a surging number of corporate bankruptcies in 2023. The total number of corporate bankruptcy filings in January and February reached a 12-year high, according to data from S&P Global Market Intelligence. The industrial sector had the second-most bankruptcies during the period with 10.

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SCOTUSBlog

APRIL 15, 2022

The summary should make the average reader wonder how such a bizarre system could arise, but it is just a typical narrative of the gross dysfunction that plagues bankruptcy legislation. Judicially appointed bankruptcy administrators perform the administrative work of trustees in those six districts. Well, not quite. Trustee Program.

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Mondaq

DECEMBER 22, 2021

The Adjudicating Authority ("AA") cannot simply dismiss a petition under section 7 of the Insolvency & Bankruptcy Code, 2016 ("IBC"),on the basis that the corporate debtor.

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Diane Drain

OCTOBER 29, 2020

Folks (10/26/20) (reprinted with permission of author). The Judgment was recorded with the Maricopa County Recorder (“County Recorder”) prior to the Judgment Debtor having filed for bankruptcy protection and while Judgment Debtor resided in and owned a residence located in Maricopa County (“Residence”). APPLICABLE BANKRUPTCY LAW.

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Law 360

MARCH 14, 2023

The failure of Silicon Valley Bank last week has led to a receivership, with the Federal Deposit Insurance Corporation taking over the bank's operations in a proceeding that closely resembles a bankruptcy case with some key differences.

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JURIST

APRIL 10, 2021

Russian authorities on Wednesday fined U.S.-backed She added that Russian authorities could “force” RFE “into bankruptcy” for failing to pay the fines, which would cause them to breach foreign agent laws. RFE believes the new legislation is part of a nation-wide effort to drive them out of Russia.

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Mondaq

JULY 18, 2022

Axis Bank Limited, the Supreme Court, inter alia, held that Section 7(5)(a) of the Insolvency and Bankruptcy Code confers discretionary power on the Adjudicating Authority to admit an application of a financial creditor. In Vidarbha Industries Power Limited v.

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Diane Drain

APRIL 3, 2021

Bankruptcy Related Changes Under the CARES Act and the Consolidated Appropriations Act of 2021. A Quick Review of Bankruptcy Changes Under Original CARES Act. The Appropriations Act amends the Bankruptcy Code to expressly provide that stimulus payments are not property of a debtor’s bankruptcy estate. Brown, Esq.

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The Crime Report

DECEMBER 4, 2023

The Supreme Court is scheduled to hear arguments on Monday over a bankruptcy deal for Purdue Pharma that would give billions of dollars to those harmed by the opioid epidemic, while also shielding members of the Sackler family from additional opioid-related lawsuits, Abbie VanSickle and Jan Hoffman report for the Washington Post.

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At the Lectern

JULY 29, 2021

At the State Bar’s request, the Supreme Court today issued a standing order that governs the intersection of California attorney disciplinary proceedings and federal bankruptcy law. and case authority controlling upon the State Bar. and case authority controlling upon the State Bar. 101 et seq.) 101 et seq.)

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JURIST

JANUARY 11, 2024

Over 700 subpostmasters were wrongly convicted, with some serving prison sentences, filing for bankruptcy and seeing their lives and reputations destroyed. UK police authorities confirmed to The Times on January 5 that they would be investigating the Post Office in relation to potential fraud offenses.

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Diane Drain

DECEMBER 31, 2020

How Does the Consolidated Appropriation Act Intersect with Bankruptcy? My focus here is to discuss how this Act interconnects with bankruptcy (note – the entire Bankruptcy Code is less than 200 pages). The CAA amends the Bankruptcy Code to permit PPP loans to certain debtors.

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Diane Drain

JANUARY 1, 2021

The Bureau found that Discover engaged in unfair acts and practices by withdrawing payments from more than 17,000 consumers’ accounts without valid authorization and by cancelling or not withdrawing payments for more than 14,000 consumers without notifying them. Drain Click here for steps to your free bankruptcy consultation.

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SCOTUSBlog

JULY 21, 2023

Fitzgerald that a 2017 law permitting debtors in bankruptcy proceedings in North Carolina and Alabama to pay lower administrative fees than those paid by debtors in other states violated the Constitution’s requirement that Congress provide uniform bankruptcy laws nationwide. Hammons Hotels and Resorts filed for bankruptcy.

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Diane Drain

MAY 21, 2021

This leaves more than 100 bankruptcy clients abandoned and out the money they paid Forrester. . There are multiple State Bar complaints, numerous pending law suits in Bankruptcy Court, plus so many clients who have been mentally abused by Scott Forrester’s. READ MORE Bankruptcy is not a quick fix. Never tolerate bullies.

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SCOTUSBlog

OCTOBER 15, 2021

Share This week we highlight cert petitions that ask the Supreme Court to consider, among other things, whether tribal immunity bars beachgoers from asserting a right of way to public beaches over a Native American tribe’s private property and whether the Bankruptcy Judgeship Act’s fee schedule violates the Constitution. Trustee program.

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Mondaq

JULY 20, 2022

In this article, the authors discuss a decision by the U.S. Court of Appeals for the Seventh Circuit interpreting the Bankruptcy Code's definitions of "statutory lien" and "judicial lien".

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SCOTUSBlog

AUGUST 6, 2021

Securities and Exchange Commission , the justices are again asked to rein in the power of the SEC, in what the petitioners claim is a “power grab” to exercise authority that Congress did not grant to the agency. 78q(a)(1) ) to assert its independent authority. In Alpine Securities Corp. Next, NC Financial Solutions of Utah, LLC v.

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JURIST

FEBRUARY 26, 2021

The National Rifle Association (NRA) filed a countersuit against New York Attorney General Letitia James on Tuesday asserting that she lacks the authority to invoke New York state laws overseeing nonprofit organizations. BREAKING: NRA Countersues @NewYorkStateAG Letitia James for Trying to Dissolve ‘Political Enemy’.

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Mondaq

MARCH 21, 2022

Bankruptcy and Restructuring partner Stephen D. Sieck authored an article titled "Numerosity Unwound: Counting Votes on a Chapter 11 Plan". Zide, special counsel Joseph A. Shifer and associate Benjamin S.

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Conflict of Laws

FEBRUARY 13, 2024

The authors provide an analysis of various forms of talaq performed in different Islamic states and reach conclusions on the effects that may be recognised in Europe, with an outlook towards a possible uniform approach. The article begins with a brief overview of the bankruptcy procedure under Turkish domestic law.

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JURIST

MARCH 30, 2022

Department of Safety , a case focusing on whether the Congressional war powers allow Congress to authorize suits against nonconsenting States. Tutt first began by stating that the US Constitution gave Congress “the tools necessary to fulfill its preeminent national defense function, and the ability to authorize lawsuits.”

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The Crime Report

MAY 3, 2021

The Sacklers are negotiating to use a rare and controversial bankruptcy procedure known as “non-consensual third-party releases,” that would protect themselves and their assets from lawsuits linked to the opioid crisis.

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SCOTUSBlog

MAY 14, 2021

California , a state court in California ruled that the Federal Aviation Administration Authorization Act of 1994, which expressly preempts any state law “related to a price, route, or service of any motor carrier … with respect to the transportation of property,” did not preempt California’s “ABC test.” California. Pilevsky v.

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The Crime Report

JUNE 3, 2021

A controversial bankruptcy deal could get the Sackler family, owners of Purdue Pharma, off the hook from more than 400 civil cases filed against them for their part in the opioid crisis, reports NPR. The proposed bankruptcy deal means that members of the Sackler family have a winning chance at immunity from future opioid lawsuits.

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JURIST

NOVEMBER 22, 2021

Khan attributes freedom of expression issues to overbroad government regulatory authority and financial control over media and lack of journalist access to information, among other sources. ” Khan found that the state distributes advertising money disproportionately to aid government-friendly media outlets. .”

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SCOTUSBlog

MARCH 28, 2022

The court has erected a complex and elaborate jurisprudential structure governing Congress’ authority to remove, or abrogate, states’ immunity from suit. Katz , the court held that states had no immunity from bankruptcy claims in federal court. Thus, “Congress’s power to make war does not imply the power to authorize private lawsuits.”

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SCOTUSBlog

SEPTEMBER 29, 2023

This year the long conference yielded 12 new grants, on topics ranging from controversial laws seeking to regulate social media companies ( covered in a separate story ) to property rights and bankruptcy fees. The cases granted on Friday will likely be argued in January or February 2024, with a decision to follow by summer. In Corner Post v.

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Conflict of Laws

AUGUST 15, 2022

Other than three scant provisions in the Dutch Bankruptcy Act, there is no legislation in relation to international insolvency law regarding foreign non-EU insolvency proceedings and the current rules are all based on case law, culminating in the Yukos case decided by the Dutch Supreme Court.

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