The Northern District of Texas Bankruptcy Court in In re National Rifle Association of America and Sea Girt LLC, Case No. 21-30085 (Bankr. N.D. Tex. May 11, 2021), ECF No. 740, dismissed the National Rifle Association...more
The Delaware Bankruptcy Court in Giuliano v. Schnable (In re DSI Renal Holdings LLC), Adv. Case No. 14-50356, 2020 WL 550987, (Bankr. D. Del. Feb. 4, 2020), determined any recovery obtained by the chapter 7 trustee on account...more
In FERC v. FirstEnergy Solutions Corp. (In re FirstEnergy Solutions Corp), Case No. 18-3787 (6th Cir. Dec. 12, 2019), the Sixth Circuit affirmed the bankruptcy court’s jurisdiction over the rejection of certain power purchase...more
1/9/2020
/ Abrogation ,
Adversary Proceedings ,
Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Business Judgment Rule ,
Chapter 11 ,
Commercial Bankruptcy ,
Exclusive Jurisdiction ,
Executory Contracts ,
Federal Power Act ,
FERC ,
Jurisdiction ,
Power Purchase Agreements ,
Preliminary Injunctions ,
Remand ,
Reversal
In a case that could impact health care bankruptcies, where jurisdiction over Medicaid and Medicare claims in bankruptcy are often disputed, the Fifth Circuit, in In re Benjamin v. U.S. Social Sec. Admin., Case No. 18-20185,...more
11/13/2019
/ Administrative Law Judge (ALJ) ,
Adversary Proceedings ,
Appeals ,
Bankruptcy Court ,
Chapter 7 ,
Consumer Bankruptcy ,
Debtors ,
Health Care Providers ,
Jurisdiction ,
Legislative History ,
Medicare ,
Overpayment ,
Social Security ,
Social Security Administration (SSA) ,
Social Security Disability ,
Split of Authority ,
Waivers
The Eleventh Circuit, in In re BFW Liquidation, LLC., Case No. 17-13588, 2018 WL 3850101 (11th Cir. Aug. 14, 2018), reversed the Bankruptcy Court’s decision on direct appeal, holding that the new value defense to preferences...more
The Delaware Bankruptcy Court, in In re Old BPSUSH Inc., Case No. 16-12373 (Bankr. Del. June 1, 2018) [Docket No. 1787], upheld provisions in a post-petition key employee retention plan (KERP) that provided for a waiver of...more
The Bankruptcy Court for the Central District of California examined the scope of the doctrine of recoupment for Medicaid and related payments, allowing the deduction by the state. The court held that the California...more
The Bankruptcy Court for the Central District of California determined the Attorney General’s approval was not required for the sale of a non-operating, non-profit hospital because the hospital no longer qualified as a...more