5th Circuit Updates
Bankruptcy Practice
- August 15, 2011 2:25 PM Fifth Circuit Rejects Per Se Rule That Recharacterization Applies Only To Insiders
- October 27, 2010 1:38 PM Altered Ego: New Ninth Circuit Opinion Overrules Previously Well-Settled Law Regarding Exclusive Standing Of Bankruptcy Trustees To Pursue General Claims On Behalf Of The Estate
- May 6, 2010 7:07 AM When Are Goods Received For The Purpose Of Asserting Administrative Priority Status Under Section 503(b)(9) Of The Bankruptcy Code?
- August 21, 2007 4:43 PM Ninth Circuit Confirms Existence Of Ride Through Doctrine In Chapter 11 Cases
- April 10, 2007 4:52 PM Fobian Overruled
- November 29, 2006 3:38 PM Credit Managers Association of California v. Countrywide Home Loans, Inc. - A Second California State Appellate Court Holds That California Code of Civil Procedure § 1800 Is Not Preempted By The Bankruptcy Code
- November 1, 2006 6:56 PM Supreme Court Grants Certiorari to Resolve Attorney Fees Dispute in PG&E Bankruptcy
- October 19, 2006 6:46 PM Return Of Preferential Payment Arising From Fraud Settlement Does Not Revive Creditor's Nondischargeability Claim
- October 9, 2006 2:05 PM Supreme Court Resolves Split in Authorities With Respect to Priority Treatment of Unpaid Workers' Compensation Premiums
- September 25, 2006 3:49 PM Claimant May Not Argue Merits of Underlying Claim Objection After 10-Day Period for Appeal Has Expired
- August 22, 2006 2:31 PM A Bankruptcy Court's Inherent Authority Is Limited To The Authority Appropriate And Necessary To Carry Out The Provisions Of The Bankruptcy Code
- June 21, 2006 12:26 PM Ninth Circuit BAP Holds That Direct Appeal Provision Only Applies To Bankruptcy Cases Commenced On Or After October 17, 2005
- June 2, 2006 1:17 PM California Court of Appeals Disagrees With Sherwood Partners and Holds That California Preference Laws Are Not Preempted by the Bankruptcy Code
- April 28, 2006 11:36 AM Bankruptcy Trustee Has The Exclusive Right To Assert Legal Claims On Behalf Of The Bankruptcy Estate
- April 26, 2006 8:44 PM Ninth Circuit Rules That Collateral Estoppel Prevents Re-Litigation of Fraud Claim In Nondischargeability Action
- April 4, 2006 5:31 PM Crown Vantage: Leave Must Be Sought from Bankruptcy Court Before Initiating an Action Against a Bankruptcy Trustee in Another Forum.
- March 15, 2006 1:34 AM Ninth Circuit Holds that State Restitution Actions v. PG&E Constitute Police Power Exempt from Removal to Bankruptcy Court
- December 29, 2005 12:46 AM In re Ybarra: Ninth Circuit Holds That Claims Arising from the Debtor's Postpetition Pursuit of Litigation Commenced Prepetition Are Non-Dischargeable
- December 19, 2005 6:18 PM Amended Opinion Issued in "In re Cooper Commons"
- September 27, 2005 8:15 PM Ninth Circuit Holds that Bankruptcy Section 364(e) Broadly Protects the Validity of Post-Petition Loans, Including Clauses Restricting the Use of Loan Proceeds
- September 2, 2005 6:40 PM Ninth Circuit Rules Security Deposit Must Be Deducted From "Capped Damages" Rather than "Gross Damages" in Calculating Rejection Damage Claims under the Bankruptcy Code - AMB Property
- June 27, 2005 7:32 PM Professionals Beware: Movitz v. Baker Extends Pillowtex to the Ninth Circuit
- August 25, 2010 7:38 AM Dead Zone? Direct Claims by Creditors of a California Corporation May Not Lie Against Management Based on Management's Allegedly Shifting Duties When Corporation Is in the Zone of Insolvency or Even Insolvent
- February 18, 2010 2:23 PM Equitable Subordination of a Creditor's Secured Claim when such Secured Creditor is, itself, in Bankruptcy
- October 2, 2008 3:52 PM Actions Taken In Violation Of The Automatic Stay Are Void... Sometimes
- September 11, 2007 3:06 PM California State Courts Continue to Validate Assignments for the Benefit of Creditors
- June 6, 2007 7:49 PM The Ninth Circuit Rules on Plan Feasibility
- May 25, 2005 5:53 PM Sheppard Mullin Announces New Bankruptcy Blog
- October 14, 2011 12:21 PM New Change To Required Language For Foreclosure Notices Under California Civil Code § 2924c
- March 31, 2010 3:00 PM One's Crisis is Another's Opportunity: Section 363 Sales
- July 14, 2009 11:14 AM The Precedential Value of an Unprecedented Sale - Lessons from Chrysler
- October 12, 2006 5:12 PM Federal Litigators Face New Burdens in E-Data Discovery
- July 12, 2006 1:15 PM World Health Alternatives Upholds a Secured Creditor's Carve-Out Inuring Solely to the Benefit of General Unsecured Creditors
- July 5, 2006 12:29 PM Internal Revenue Bulletin No. 2006-22 Sets Forth Procedures for Prompt Determination of Unpaid Tax Liabilities of a Bankruptcy Estate
- June 2, 2006 1:17 PM California Court of Appeals Disagrees With Sherwood Partners and Holds That California Preference Laws Are Not Preempted by the Bankruptcy Code
- January 19, 2006 10:15 PM "In re Submicron": Credit Bidding Revisited
Bankruptcy Practice
- May 4, 2004 8:19 PM Sheppard Mullin's Bankruptcy and Restructuring Group
- April 10, 2004 11:33 PM Contact Us
- February 10, 2011 7:56 AM Court to Lenders: Strict Compliance with Local Recording Requirements Necessary
- April 14, 2010 7:26 AM Top 10 Best Practices For Lenders On Problem Loans
- April 14, 2009 6:35 PM Considerations for Service on an Unsecured Creditor's Committee
- February 9, 2009 11:03 AM Shipping Industry Problems
- January 27, 2009 7:50 PM Dealing With Troubled Companies - Does Purchasing Assets Avoid Seller Liabilities?
- December 12, 2008 3:48 PM When Red is the Color of the Season: Commercial Property Leases and Bankruptcy
- October 12, 2006 5:12 PM Federal Litigators Face New Burdens in E-Data Discovery
- June 12, 2006 12:56 PM Asbestos Reform: The Senate Judiciary Committee Considers Proposed Amendments to the FAIR Act
- November 18, 2005 8:33 PM Critical Vendor Orders: Boon or Bane in Preference Cases?
- July 22, 2005 5:41 PM The 2005 Amendments Will Have Significant Ramifications For Creditor And Equity Committees And Their Members
- June 11, 2005 1:13 AM What Do The Bankruptcy Amendments Mean For The Healthcare Industry?
- June 8, 2005 2:06 AM Trouble Looms for Competitive Telecom Resellers
- May 19, 2005 7:26 PM So Your Customer Filed For Bankruptcy Protection: What to Expect Under the New Bankruptcy Act
- August 1, 2006 2:30 PM Hong Kong Judgments to be Enforced by Mainland China Courts: Is the Divide Between Two Systems Within One Country Shrinking?
- May 5, 2006 6:11 PM International Comity Requires Deference to Foreign Insolvency Proceedings
- July 6, 2005 5:14 PM The Bankruptcy Act Adds New Chapter 15 to Govern Cross-Border Insolvency Cases
- April 25, 2005 11:43 PM Disclaimer
- April 25, 2005 11:43 PM Privacy Policy
- October 5, 2011 6:53 AM A Chapter 11 Diaspora? House Judiciary Committee Considers Chapter 11 Venue Reform
- June 28, 2011 4:56 PM A Shock to the Core: The Supreme Court Pries Jurisdiction Away from the Bankruptcy Courts on Counterclaims to Proofs of Claim, and Possibly More
- May 13, 2011 10:59 AM Reinstatement of Debt: A Bankruptcy Court's Strict Interpretation and Application of Change-in-Control Provisions to Protect Senior Secured Lenders
- April 5, 2011 7:09 AM In Re TOUSA: District Court Reverses Bankruptcy Court's Order Requiring Lenders To Disgorge $480 Million As Fraudulent Transfer
- October 26, 2010 8:21 AM Reversal Of Decision In Bayou Group Bankruptcy Offers Little Guidance For The Institutional Investor Wishing To Redeem From A Fraudulent Ponzi Scheme
- September 20, 2010 7:21 AM Supreme Court To Decide Whether To Review Seventh Circuit Decision Holding That Bankruptcy Does Not Discharge Environmental Clean-Up Liability Under The Resource Conservation And Recovery Act
- October 16, 2009 12:41 PM The Bankruptcy Files: Haute Couture Edition
- September 10, 2009 8:24 AM Bankruptcy Court Allows General Growth's "Bankruptcy-Remote"
- August 14, 2009 8:14 AM New FCA Rules Put Lenders and Brokers Directly in Their Gun Sights
- February 13, 2009 5:01 PM Tax Relief For Investment, Restructuring, Refinancing And Other Business Activity
- July 9, 2008 6:36 PM United States Supreme Court Resolves Circuit Split
- May 22, 2008 6:30 PM Relief for Securitization Vehicles: Mortgage Modification under Foreclosure Prevention Programs
- March 6, 2008 3:24 PM Seventh Circuit finds that Issuer of Fairness Opinion Did Not Commit Gross Negligence
- February 1, 2008 3:10 PM Court Orders Case Transferred From New York To California
- June 6, 2007 7:51 PM Delaware Court Holds that Creditors Have No Direct Cause of Action Against Directors of Company Operating in the Zone of Insolvency for Breach of Fiduciary Duty
- March 27, 2007 12:47 PM Second Circuit Holds That Most Important Factor In Assessing Pre-Plan Settlement Distribution Under Rule 9019 Is Whether It Complies With The Absolute Priority Rule
- March 13, 2007 9:10 PM On February 5, 2007, the United States Court of Appeals for the Eleventh Circuit affirmed defendants L'il Joe Records Inc. et al ("L'il Joe").
- January 9, 2007 1:26 PM ATTORNEY-CLIENT PRIVILEGE IS STRIPPED FROM COMMUNICATIONS IN FURTHERANCE OF CONTEMPLATED OR ONGOING CRIMINAL ACTIVITY
- September 7, 2006 8:56 PM If it looks like a duck (KERP) and quacks like a duck (KERP), it's a duck (KERP) [1]
- July 20, 2006 8:29 PM Supreme Court Decision in the Anna Nicole Smith Bankruptcy Case Resolves Confusion About the Probate Exception to Federal Court Jurisdiction
- July 12, 2006 1:15 PM World Health Alternatives Upholds a Secured Creditor's Carve-Out Inuring Solely to the Benefit of General Unsecured Creditors
- July 5, 2006 12:29 PM Internal Revenue Bulletin No. 2006-22 Sets Forth Procedures for Prompt Determination of Unpaid Tax Liabilities of a Bankruptcy Estate
- June 29, 2006 4:34 PM In Pari Delicto Bars Debtor's Claim For Unfair Trade Practices Against Accounting Firm
- June 27, 2006 4:04 PM Supreme Court Declines to Take Appeal of Owens Corning: Third Circuit's Substantive Consolidation Guidelines Are Now Settled
- June 19, 2006 12:40 PM Thickstun Brothers: Bankruptcy Court Lacks Jurisdiction to Determine Whether Debtor's Failure to Object to Claim is Preclusive in Related State Court Litigation
- May 30, 2006 6:15 PM Supreme Court Update: Katz Eviscerates Constitutional Sovereign Immunity in Federal Bankruptcy Proceedings
- May 2, 2006 5:13 PM New Report Examines the Effect of BAPCPA
- April 21, 2006 3:04 PM In re Dairy Mart: State Officials Not Immune from Suit for Injunctive Relief
- April 10, 2006 11:24 PM Siemon: 10-Day Limit for Filing Notice of Appeal is Jurisdictional
- March 28, 2006 12:05 AM Metromedia: Party Failing to Seek a Stay Pending Appeal May Be Barred Under Principles of Equitable Mootness from Obtaining any Remedy With Respect to Impermissible Provisions of a Substantially Consummated Plan
- March 21, 2006 2:19 AM "In re Ruehle": Majority Rule Rejecting "Discharge by Declaration" Continues to Evolve
- March 9, 2006 10:49 PM INTERIM RULES ADOPTED BY ADVISORY COMMITTEE ON BANKRUTPCY RULES
- February 28, 2006 12:03 AM District Courts Have Original Subject Matter Jurisdiction Over Stay Violation Claims
- January 27, 2006 9:16 PM IRS Fact Sheet Issued Regarding Responsibilities under BAPCPA
- January 13, 2006 10:09 PM "In re Church": Unfulfilled Promises to Pay and Misrepresentations Distinguished
- January 11, 2006 12:41 AM "In re Hollingsworth": Even Late-Filed Claims May Be Entitled to Distributions
- December 14, 2005 1:41 AM AOUSC Reports Record Number of Bankruptcy Filings
- November 29, 2005 11:47 PM Third Circuit Adopts Stringent Test for Substantive Consolidation
- November 14, 2005 7:18 PM Delaware Bankruptcy Court Rules Category-Specific Retention Clause in Disclosure Statement and Plan is Sufficient to Preserve Preference Causes of Action for Post-Confirmation Adjudication
- October 17, 2005 6:30 PM New Bankruptcy Laws Effective October 17, 2005
- October 14, 2005 9:35 PM Confirmation Order Cannot Be Voided Based On "Second Thoughts" About The Bankruptcy Court's Jurisdiction
- September 12, 2005 11:38 PM Congress Proposes Amendments to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 in Response to Hurricane Katrina
- September 9, 2005 9:29 PM Latest Court To Consider Issue Concludes That "Unsecured" Lien Cannot Be Stripped Off
- August 24, 2005 6:05 PM The Grafton Case: Pre-dispute Jury Trial Waivers are Unenforceable in California State Courts
- August 22, 2005 11:12 PM In Re Ramba: Contemporaneous Exchange for New Value under 11 U.S.C. § 547(c)(1) Requires Creditor to Deliver a Direct Benefit
- July 27, 2005 11:39 PM An Oral Promise to Modify Loan Terms in Exchange for the Borrower's Agreement to Forego Bankruptcy May Cancel and Replace a Written Loan Agreement
- June 2, 2005 2:12 AM Supreme Court Rules IRAs Are Exempt From the Bankruptcy Estate - Rousey V. Jacoway
- May 23, 2005 7:19 PM Management Beware: The New Bankruptcy Amendments Impose Significant Limitations on Key Employee Retention Programs
- May 6, 2005 2:37 AM The New Bankruptcy Act: Will It Prompt a Rush to File?
- April 22, 2005 1:55 AM Effective Dates for the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
- April 21, 2005 8:25 PM Full Text of the Bankruptcy Act of 2005 Available at Thomas.loc.gov
- April 20, 2005 11:03 PM Bankruptcy Abuse Prevention and Consumer Protection Act of 2005
- April 26, 2005 12:00 AM RSS
