We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
In cooperation with Association of Corporate Counsel
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 61

Actions taken in violation of the automatic stay are void... sometimes

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 2 2008

In Burkhart v. Coleman, (In re Tippett) --- F.3d ---, 2008 WL 4070690 (9th Cir. Sept. 4, 2008), the Ninth Circuit held that an unauthorized post-petition sale of real property may be upheld where: 1) the bankruptcy trustee failed to record the bankruptcy petition with the county recorder; and 2) a bona fide purchaser thereafter bought and recorded title in the property

Homestead exemption does not apply to home owned by single shareholder corporation

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 23 2008

In this case, California Court of Appeal affirmed an order for sale of dwelling pursuant to California Code of Civil Procedure section 704.740 (part of the state’s Enforcement of Judgments Law) finding the Coastal Commission's assignee of a $1,469,000 judgment lien had properly secured a valid assignment of the judgment and that the homestead exemption did not apply because the subject dwelling was not owned by a natural person

Court orders case transferred from New York to California

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • February 1 2008

By Order, dated January 14, 2008, United States Bankruptcy Judge Martin Glenn for the United States Bankruptcy Court for the Southern District of New York, granted the motion (the "Motion") filed by a group of creditors seeking transfer of venue of the Dunmore Homes, Inc. (the "Debtor") bankruptcy case from the United States Bankruptcy Court for the Southern District of New York (the "Court") to the Eastern District of California, Sacramento Division

United States Supreme Court resolves circuit split

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • July 9 2008

In a recent decision, the United States Supreme Court resolved a circuit split regarding the meaning of the statutory phrase "under a plan confirmed under Chapter 11 of the bankruptcy Code," as codified in 11 U.S.C. 1146(a

Expanded protections for directors navigating the zone of insolvency

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • October 25 2007

In 1991, a decision of the Delaware Chancery Court helped popularize the term "zone of insolvency.”

Second Circuit holds that most important factor in assessing pre-plan settlement distribution under Rule 9019 is whether it complies with the absolute priority rule

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • March 27 2007

On March 7, 2007, the Second Circuit Court of Appeals held that "in the Chapter 11 context, whether a pre-plan settlement's distribution plan complies with the Bankruptcy Code's priority scheme will be the most important factor for a Bankruptcy Court to Consider in approving a settlement under Bankruptcy Rule 9019."

The Ninth Circuit rules on plan feasibility

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • April 26 2007

In the case of Sherman v. Harbin (In re Harbin), the Ninth Circuit decided that in determining the feasibility of a plan under Bankruptcy Code Section 1129(a)(11), a court must evaluate the possible impact of pending litigation, whether at the trial level or on appeal

Fobian overruled

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • April 10 2007

In Travelers Cas. and Sur. Co. of America v. Pacific Gas & Electric Co., 127 S. Ct. 199 (2007) ("Travelers"), the United States Supreme Court overturned a Ninth Circuit Court of Appeals opinion that had made pre-petition contractual provisions awarding attorneys' fees to the prevailing party unenforceable in bankruptcy to the extent the parties litigated issues peculiar to bankruptcy law

How Dodd-Frank impacts creditors of bankrupt banks

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • March 31 2014

On Feb. 11, the three private plaintiff-appellants and 11 state plaintiff-appellants in State National Bank of Big Spring et al. V. Jacob J. Lew et

The precedential value of an unprecedented sale - lessons from Chrysler

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • July 14 2009

On June 10, 2009, the sale of substantially all of Chrysler's assets closed, just 42 days after the country's third largest automaker filed for bankruptcy protection