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HTMLCommission Calls for Overhaul of Chapter 11 Bankruptcy Code
Scott St. Amand, J. Ellsworth Summers; Rogers Towers, P.A.;
Legal Alert/Article
March 3, 2015, previously published on January 29, 2015
On Monday, December 8, 2014, the American Bankruptcy Institute’s Chapter 11 Reform Commission, which is tasked with recommending reforms to the nearly 40-year-old bankruptcy regime, released a report which found that the current Chapter 11 system has fallen behind the times. The...

 

HTMLTenth 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
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
March 2, 2015, previously published on January 20, 2015
In its opinion in LTF Real Estate Company, INc. v. Expert South Tulsa, LLC (In re Expert South Tulsa), 2014 WL 6845675 (10th Cir. BAP 2014), the Tenth Circuit Bankruptcy Appellate Panel agreed with the majority rule that funds placed in escrow pre-petition by the debtor, and which the debtor may...

 

HTMLNinth 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
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
March 2, 2015, previously published on November 25, 2014
Citing Ninth Circuit precedent from cases under the Bankruptcy Act, the Ninth Circuit BAP reluctantly held that a pre-petition state court civil contempt proceeding is exempt from the automatic stay of sec. 362 of the Bankruptcy Code. The decision of the BAP is Yellow Express, LLC v. Mark Dingley...

 

HTMLNinth 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)
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
March 2, 2015, previously published on December 9, 2014
If a creditor violates the automatic stay by seizing property of the estate and fails to cure that violation before the debtor files an action under sec. 362(k), may the debtor recover his attorney’s fees for prosecuting the stay violation under sec. 362(k)? The Ninth Circuit Court of Appeals...

 

HTMLTenth Circuit Clarifies Litigant’s Right to Pursue Non-Interpleader Claims Against Party Seeking Interpleader Relief
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
March 2, 2015, previously published on February 17, 2015
In its recent opinion in Aviva Life and Annuity Company v. White (In re: Millennium Multiple Employer Welfare Benefit Plan), 772 F.3d 634 (10th Cir. 2014), the Tenth Circuit clarified a litigant’s rights to continue to pursue claims against a party seeking the typical protections afforded...

 

HTMLNinth Circuit Adopts a Strict “Dominion” Test for Purposes of Determining Initial Transferee Status under 11 U.S.C. sec. 550(a), With “Control” Playing No Part
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
March 2, 2015, previously published on February 3, 2015
In its opinion in Mano-Y&M, Ltd. V. Dane S. Field (In re The Mortgage Store, Inc.), 2014 WL 6844630 (9th Cir. 2014), the Ninth Circuit adopted a strict “dominion” test for purposes of determining who is the initial transferee of an avoidable transfer, clearly stating that equitable...

 

HTMLDoes the Bankruptcy Court have the Authority to Surcharge Exemptions?
Keri Ebeck; Weltman, Weinberg & Reis Co., L.P.A.;
Legal Alert/Article
March 2, 2015, previously published on November 10, 2014
Law v. Siegel: The facts of the case are that Mr. Law (Debtor) filed for Chapter 7 bankruptcy protection. He valued his home in California at $363,348 and claimed a $75,000 homestead exemption, as well as listed two mortgage liens on the property in question: (1) to Washington Mutual Bank for...

 

HTMLDoes 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
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
February 27, 2015, previously published on January 6, 2015
In a case of apparent first impression in the Tenth Circuit, the U.S. Bankruptcy Court for the District of Colorado recently held that the reopening of a closed case under § 350 does not result in the re-imposition of the automatic stay in the reopened proceedings. In re Brumfiel, 514 B.R. 637...

 

HTMLThe 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
Mona Lyman Burton, Kirk Cheney, Clarissa M. Collier; Holland & Hart LLP;
Legal Alert/Article
February 27, 2015, previously published on December 22, 2014
The Ninth Circuit Court of Appeals recently rendered its decision in the Mwangi case, dealing whether a debtor can assert a claim against his bank for placing an administrative freeze on his bank account pending a determination of the debtor’s exemption claim as to the funds in the account.

 

HTMLMunicipal Bond Interest Paid By a Bond Insurer After an Issuer’s Bankruptcy Discharge Can Remain Tax-Exempt
Maxwell D. Solet, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
February 27, 2015, previously published on December 22, 2014
In the aftermath of recent municipal bankruptcies in which issuers proposed and/or implemented bankruptcy plans involving partial discharges of the issuer’s payment obligation on insured bonds, there has been increased focus on whether municipal bond interest paid by a bond insurer after the...

 


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