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Debtors Reaffirmation

Smith Debnam Narron Drake Saintsing & Myers,...

Reaffirmation: 7 Things Every Creditor’s Attorney Should Know

Filing a reaffirmation agreement in a chapter 7 bankruptcy proceeding is a commonplace occurrence for many attorneys. However, the reaffirmation process is fraught with nuances and traps for the unwary attorney.  Absent...more

Spilman Thomas & Battle, PLLC

Top 10 Bankruptcy Truths for Creditors to Know

Much of the bankruptcy chatter arising from the pandemic world in which we find ourselves is now focusing on the cascade of new bankruptcy cases that are predicted to arrive soon. We have already seen the effects of closed...more

Kramer Levin Naftalis & Frankel LLP

US Supreme Court Gives the Final Word: Denial of Lift Stay Motions Are Final and Immediately Appealable

The Bottom Line - The United States Supreme Court recently issued a unanimous decision in Ritzen Group, Inc. v. Jackson Masonry, LLC, No. 19-938 589 U.S. __ (2020), which held that a bankruptcy court’s unreserved denial...more

A&O Shearman

The Final Stay: Supreme Court Holds that Any Bankruptcy Court Order Denying Relief from the Automatic Stay Constitutes a Final,...

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On January 14, 2020, the Supreme Court of the United States issued a decision resolving the question of whether a motion for relief from the automatic stay constitutes a discrete dispute within the bankruptcy that creates a...more

Dechert LLP

The U.S. Supreme Court Holds that Orders Granting or Denying Lift Stay Motions are Final

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The consequences of an order or judgement being final or interlocutory are enormous. An order from an interlocutory order requires leave since these orders are not appealable as of right. In addition, a failure to obtain...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Resolves the Appealability of Orders Denying Relief from the Automatic Stay

When a debtor files for bankruptcy, the Bankruptcy Code provides for an automatic stay of almost all proceedings to recover property from the debtor. See 11 U.S.C. § 362(a). A party in interest can seek an order exempting...more

Bradley Arant Boult Cummings LLP

Supreme Court Holds That an Order on a Motion for Relief from Stay Is a Final, Appealable Order

In a unanimous opinion released last week, the Supreme Court provided guidance as to how to determine the finality of an order in a bankruptcy case for purposes of an appeal under 28 U.S.C. § 158(a). The Court held that the...more

Foley & Lardner LLP

More Clarity on What Constitutes a Final, Appealable Order in Bankruptcy After Ritzen Group Inc. v. Jackson Masonry, LLC

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On January 14, 2020, the Supreme Court of the United States issued an opinion clarifying what constitutes a final order for purposes of bankruptcy appeal. The Ritzen decision comes a few years after the Supreme Court in...more

Ward and Smith, P.A.

Supreme Court Rules "Now or Never" to Appeal Stay Relief Denials

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Under the Bankruptcy Code, filing a bankruptcy petition automatically halts efforts to collect pre-petition debts from the debtor outside of bankruptcy. This is the "automatic stay," and it is a command, not a suggestion....more

Fox Rothschild LLP

U.S. Supreme Court Confirms That Stay Relief Orders Must Be Appealed Right Away

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Earlier this week, the United States Supreme Court issued an opinion regarding appeals of orders denying relief from the automatic stay. Generally, the automatic stay (section 362 of the Bankruptcy Code) prevents creditors...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Ritzen Group, Inc. v. Jackson Masonry, LLC

On January 14, 2020, the Supreme Court of the United States decided Ritzen Group, Inc. v. Jackson Masonry, LLC, No. 18-938, holding that an order unreservedly ruling on a creditor’s motion for relief from bankruptcy’s...more

Tucker Arensberg, P.C.

The Fourteen-Day Time to Appeal Applies to Orders Enforcing the Automatic Stay

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Today, the United States Supreme Court issued an opinion of interest to every debtor and creditor in a bankruptcy case as the decision involves the automatic stay.  The appeal involved a bankruptcy court’s order that enforced...more

Smith Debnam Narron Drake Saintsing & Myers,...

Fifth Circuit Pumps The Brakes On Arbitration

In a recent appeal directly to the Fifth Circuit from a Southern District of Texas Bankruptcy Court, the court affirmed the bankruptcy court’s denial of a motion to compel arbitration. In Henry v. Educational Financial...more

Orrick - Distressed Download

Second Circuit Affirms Dismissal of Chapter 15 Appeal by Purported Shareholder on Standing Grounds

In a March 19, 2019 summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court’s dismissal of a purported shareholder’s appeal challenging the chapter 15 recognition of a Cayman Islands...more

Dechert LLP

Global Private Equity Newsletter - Winter 2019 Edition: Recent Developments in Acquisition Finance: Ninth Circuit Rejects Broad...

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Those seeking to purchase assets or a business out of a Chapter 11 case employing a “loan to own” strategy may well have received a boost from a recent decision of the U.S. Court of Appeals for the Ninth Circuit....more

Dechert LLP

English Court of Appeal Refuses to Give Effect to Foreign Restructuring

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In a decision widely anticipated by investors in emerging market and distressed debt, the Court of Appeal has upheld the decision of the High Court to refuse to grant an indefinite moratorium on claims under certain English...more

Jones Day

From the Top in Brief: U.S. Supreme Court Clarifies Whether Debts Based on False Statements Can Be Discharged in Bankruptcy

Jones Day on

On June 4, 2018, the U.S. Supreme Court ruled in Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, 138 S. Ct. 1752, 2018 WL 2465174 (U.S. June 4, 2018), that an individual debtor's false statement about a single asset, as...more

Fox Rothschild LLP

Dear Debtor – Give Careful Consideration To Car Lease Assumption

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Debtors generally file a bankruptcy petition seeking a fresh start, free from their personal debts. Debtors have the option to agree to pay certain debts to retain a car or other property through reaffirmation agreements and...more

McGuireWoods LLP

Statement By Debtor About Single Asset Can Be Statement Respecting Debtor’s Financial Condition Under Bankruptcy Code Section...

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Section 523(a)(2)(B) of the Bankruptcy Code provides that a discharge under the Bankruptcy Code does not discharge an individual debtor from any debt for money, property, services, or an extension, renewal, or refinancing of...more

Ward and Smith, P.A.

In Chapter 7, Oral Lies Are Safer Than Written Lies

Ward and Smith, P.A. on

In my last article, I discussed how the Fourth Circuit Court of Appeals affirmed the denial of a Chapter 7 debtor’s discharge because the debtor intentionally lowballed the value of his interest in a real estate investment...more

BakerHostetler

Supreme Court Holds That a Statement About a Single Asset Can Be a Statement Respecting a Debtor's Financial Condition

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The Supreme Court held that a statement about a single asset can be a “statement respecting the debtor’s financial condition” for purposes of determining the application of the exception to discharge set forth in Section...more

BCLP

SCOTUS Reminds Us To Get It In Writing When Dealing with Someone that Owes You Money

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The recent decision from the United States Supreme Court in Lamar, Archer & Cofrin, LLP v. Appling (“Lamar”), further restricts a creditor’s ability to pursue future recovery on its debt through a nondischargeability action...more

Patterson Belknap Webb & Tyler LLP

Supreme Court Resolves Circuit Split on the Dischargeability of Debts Obtained by Oral Misrepresentations

On June 4, the Supreme Court decided Lamar, Archer & Cofrin, LLP v. Appling, No. 16-1215, in a unanimous opinion by Justice Sotomayor. The Court affirmed the Eleventh Circuit and resolved a circuit split about the meaning of...more

Fox Rothschild LLP

U.S. Supreme Court Finds Debt Obtained By False Promises To Pay, Dischargeable

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The U.S. Supreme Court resolved a dispute about whether debts obtained by false promises to pay (or fraud) can be discharged in bankruptcy. On June 4, 2018, the U.S. Supreme Court issued an opinion affirming the U.S. Court...more

Jackson Walker

Lamar Opinion Reminds Creditors to Get in Writing Any Representations About Debtors’ Financial Conditions

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On June 4, 2018, the Supreme Court of the United States issued its opinion authored by Justice Sotomayor in Lamar, Archer & Cofrin, LLP v. Appling impacting the discharge of debts under Bankruptcy Code § 523(a)(2)(A)....more

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