Now at the Supreme Court, Will the Ninth Circuit’s In Re Taggart Decision Affect Sanctions for Willful Violations of the Discharge Injunction?
After the Ninth Circuit in In re Taggart set a new and narrow precedent regarding exactly what a creditor must do in order to be subject to civil contempt sanctions for a violation of the discharge injunction, the ball is now with the U.S. Supreme Court to determine what influence that extraordinary opinion will have on other courts.
A Case to Watch: The Extraterritorial Application of United States Bankruptcy Law
In a case that may end up before the Supreme Court, the Second Circuit recently analyzed the extraterritorial application of the fraudulent transfer laws found in the Bankruptcy Code on transfers made outside the U.S. between transferors and transferees both located outside of the U.S.
Continuing Risks for Businesses Connected to the Marijuana Industry
In a recent decision, a gardening supply store was denied bankruptcy protection due to its business model, which targeted marijuana growers in states that have legalized its use.
Five Tips to Remember When Negotiating with Ag Lenders
We are currently in or entering a new bust cycle in production agriculture. While producers have generally managed to continue operating, bankruptcy filings and farm foreclosures are on the rise and prior fixes may no longer be available. Dealing with lenders can be a challenge in these circumstances, and it is important for professionals advising producers to follow a few simple rules to effectively negotiate with their clients’ lenders.
How Do the Recent Rule Changes Affect You?
This article provides a brief examination of the changes in the Federal Rules of Civil Procedure and the Federal Rules of Bankruptcy Procedure that went into effect on December 1, 2018, and how those changes may impact the bankruptcy practice.
What Does the Rebound From the Great Recession Reveal About the Nature of the Next Slow-Down?
Worldwide debt has grown to nearly $250 trillion, a substantial increase since the Great Recession in 2008. The makeup of the debt held by individuals has changed and the amount of corporate debt has significantly increased. With economic challenges on the horizon, these changes will likely affect the processes individuals and corporations pursue to address debt.
The Southern District of Texas: The Next Big Venue in Commercial Bankruptcy?
The Southern District of Texas’s recent popularity in commercial filings, stemming from a number of factors, makes it a new contender to be one of the busiest commercial bankruptcy districts in the country.
Lessons from the Archdiocese Case
During the nearly three-year pendency of the case, the battles between the Archdiocese of St. Paul and Minneapolis and the committee representing the survivors of sexual abuse have resulted in court decisions on two subjects of broad importance in chapter 11 cases generally.
Squandered Claim? Creditor’s “Veil Piercing” Cause of Action Held to Be Receivership Property – Even After the Receivership Ended
In a new development to receivership law, the Minnesota Court of Appeals affirmed a receiver’s power to pursue a creditor’s “veil piercing” claims against insiders of the company in receivership, and blocked the creditor from pursuing those same claims after the receivership ended.
Minnesota Enacted a New Health Savings Account Exemption and Increased Exemptions Including for the Homestead
Minnesota has expanded the types and value of assets that individuals may protect from creditors.