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Maurice Wutscher LLP | USA | 19 Sep 2019
11th Cir. Holds No Violation of Bankruptcy Discharge for ‘Informational Statement’
The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the bankruptcy court’s denial of a debtor-borrower’s motion for sanctions, which
Littleton Chambers | United Kingdom | 13 Sep 2019
Madoff ‘feeder fund’ appeal: Privy Council rules that BVI insolvency remedies can be granted in foreign courts
The repercussions of Bernard Madoff's multi-billion-dollar Ponzi scheme are still being felt throughout the offshore and insolvency worlds, over 10
Schulte Roth & Zabel LLP | USA | 12 Sep 2019
Ninth Circuit Limits Substantive Consolidation
“A party moving for substantive consolidation must provide notice of the motion to the creditors of a putative consolidated non-debtor,” held the U
FisherBroyles LLP | USA | 11 Sep 2019
5th Circuit Upholds Subordination of Deemed Dividends Under Section 510(b)
In In re Linn Energy, LLC, 2019 WL 4149481 (5th Cir. Sept. 3, 2019), the Fifth Circuit recently reminded us that if a debt instrument looks like a
Nelson Mullins Riley & Scarborough LLP | USA | 10 Sep 2019
Data Privacy and BankruptcyNotable Non-bankruptcy Privacy Laws
Privacy issues implicate several Bankruptcy Code sections and Bankruptcy Rules. The debtor must also comply with non-bankruptcy rules concerning
Cadwalader Wickersham & Taft LLP | USA | 10 Sep 2019
The Same, Only Better: Eighth Circuit Affirms Peabody Chapter 11 Plan Backstopped Rights Offering Despite Alleged Disparate Creditor Treatment Under Peabody Plan
On August 9, 2019, in a unanimous decision (written by a former bankruptcy judge), the Eighth Circuit Court of Appeals affirmed the confirmation of
Krieg DeVault | USA | 9 Sep 2019
New Bankruptcy Code Amendments Change Legal Landscape for Creditors
On Friday, August 23, 2019, the President signed into law the first major amendments to the United States Bankruptcy Code since 2005
Womble Bond Dickinson (US) LLP | USA | 9 Sep 2019
Family Farmer Relief Act Expands Chapter 12 Bankruptcy Protections for Small and Mid-Sized Farms
Running a family-owned farm is not easy work under the best of economic circumstances, and it can be nearly impossible when times are tough. More
FisherBroyles LLP | USA | 6 Sep 2019
SCOTUS Determines Trademark Licensee’s Rights Survive Rejection by Debtor in Bankruptcy
A debtor has the right to assume or reject any executory contract or unexpired lease through its bankruptcy, pursuant to the Bankruptcy Code. A
Schulte Roth & Zabel LLP | USA | 6 Sep 2019
Fifth Circuit Subordinates Claim for Deemed Dividends
“ Payments owed to a shareholder by a bankrupt debtor, which are not quite dividends but which certainly look a lot like dividends, should be
