Shane G. Ramsey
Nelson Mullins Riley & Scarborough LLP
Articles
Post Siegel Ruling: Second Circuit Joins the Tenth Circuit in Ordering Refunds for Overpayment of U.S. Trustee Fees
USA - February 1 2023 In a previous blog post from June 2022, we discussed the Tenth Circuit’s post-Sigel decision in John Q. Hammons Fall 2006 LLC v. U.S. Trustee (In re…
Are Unsecured Creditors of a Solvent Debtor Entitled to Post-Petition Interest at the Contract Rate? Recent Circuit Court of Appeals Decisions Say “Yes”
USA - January 4 2023 Two recent decisions from circuit courts of appeal - the Fifth and Ninth - have addressed a question that does not arise often: in a solvent-debtor…
Tenth Circuit BAP Holds that Section 541 of the Bankruptcy Code Doesn’t Invalidate Transfer Restrictions in LLC Operating Agreements
USA - December 19 2022 In a recent decision by the Tenth Circuit Bankruptcy Appellate Panel, the court held that a chapter 7 trustee could not sell an LLC membership…
Bankruptcy Court Narrowly Construes Section 546(e) Safe Harbor
USA - September 26 2022 On August 18, 2022, the United States Bankruptcy Court for the Southern District of Indiana, in In re BWGS, LLC, No. 19-01487-JMC-7A, 2022 WL 3568045…
Post Siegel Ruling: Tenth Circuit Orders Refunds for Overpayment of U.S. Trustee Fees
USA - August 19 2022 On June 6, 2022, the Supreme Court issued a unanimous ruling in Siegel v. Fitzgerald, 142 S. Ct. 1770 (U.S. June 6, 2022)…
