The U.S. Supreme Court has clarified that there is a time limit—specifically, a “reasonable time” under Rule 60(c)(1)—for filing motions to set aside judgments as “void” under Rule 60(b)(4), even where the alleged voidness stems from lack of proper service or personal jurisdiction. In Coney Island Auto Parts Unlimited, Inc.
Continue Reading Supreme Court Puts a Clock on Attacking “Void” JudgmentsIn Episode 22 of The Octus Download (available on Apple Podcasts, Spotify, Amazon…
Continue Reading New Jersey Bankruptcy Judge Michael Kaplan on Bankruptcy Practice – Pragmatism, Feasibility, and the Realities of Chapter 11Christmas Tree Shops: Unwrapping the Delaware Court’s Gift for Pleading the Preference Due Diligence Requirement
If your holiday to‑do list includes lights, cocoa, and some year‑end legal news, here’s a…
Continue Reading Christmas Tree Shops: Unwrapping the Delaware Court’s Gift for Pleading the Preference Due Diligence RequirementDefining the Boundaries of Consensual Third-Party Releases – Tehum/YesCare Case Study
In 2024, the Supreme Court, in Harrington v. Purdue Pharma L.P., 603 U.S. 204…
Continue Reading Defining the Boundaries of Consensual Third-Party Releases – Tehum/YesCare Case StudySubscribe to the In Solvency Blog
The Latest
What level of “reasonable due diligence” is actually required under Section 547(b) and does it really matter?
As bankruptcy attorneys who often defend clients in preference avoidance actions, we were pleased with the 547(b) amendments, effective as of February 20, 2020, requiring a trustee to conduct some…
Continue Reading What level of “reasonable due diligence” is actually required under Section 547(b) and does it really matter?The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by Chapter 11 Debtors in Accordance with the Unconstitutional Fee Hike Under the United States Trustee Program is an Appropriate Remedy
On Friday September 28, 2023, the U.S. Supreme Court agreed to review the United States Trustee’s appeal from the Tenth Circuit Court of Appeal’s holding that the Office of the…
Continue Reading The Post-Siegel Fallout Continues: The Supreme Court Has Accepted Certiorari to Determine Whether a Refund of Overpayments Made by Chapter 11 Debtors in Accordance with the Unconstitutional Fee Hike Under the United States Trustee Program is an Appropriate RemedyHow Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking Certainty
On April 19, 2023, Justice Ketanji Brown Jackson, writing for a unanimous Court in MOAC Mall Holdings LLC v. Transform Holdco LLC et.al., 598 U.S. ___ 143 S. Ct.
Continue Reading How Safe Is Your 363(m) Sale? The Supreme Court’s Invalidation of Statutory Mootness is a Risk to Asset Purchasers Seeking CertaintyIn re The Hacienda Company, LLC – a Flicker of Hope for Distressed Cannabis Companies: Bankruptcy May be Available to Liquidate Assets of Non-Operating Cannabis Companies
Cannabis clients are often surprised to learn that the bankruptcy courts are unavailable to liquidate or reorganize most cannabis businesses. Indeed, the Office of the United States Trustee (the “UST”)…
Continue Reading In re The Hacienda Company, LLC – a Flicker of Hope for Distressed Cannabis Companies: Bankruptcy May be Available to Liquidate Assets of Non-Operating Cannabis CompaniesIn a 2021 opinion in In re Paragon Offshore PLC, 629 B.R. 227 (Bankr. D. Del. 2021) (“Paragon Offshore”), Judge Sontchi of the United States Bankruptcy Court for…
Continue Reading Do Liquidating Trusts Have to Pay Quarterly US Trustee Fees?Effective January 1, 2023, the procedures for filing complex cases in the Southern District of Texas changed. The courts have made the procedures specific and detailed. Below are some of…
Continue Reading New Complex Case Procedures in the Southern District of TexasBy: Michael L. Temin and Martha B. Chovanes
Introduction
Imerys Talc American, Inc. (“Imerys”) filed bankruptcy in response to crushing liability imposed by mounting asbestos and talc personal injury claims…
Continue Reading Who Can Be A Future Claims Representative In The Third Circuit?Cryptocurrency Deposits Do Not Belong to Account Holders: New York Bankruptcy Holding Severs Customers’ Right and Title to Crypto Assets Deposited in Celsius Network Earn Program Accounts
In a recent decision by Chief Judge Martin Glenn of the United States Bankruptcy Court for the Southern District of New York presiding over cryptocurrency Chapter 11 megacase, In re…
Continue Reading Cryptocurrency Deposits Do Not Belong to Account Holders: New York Bankruptcy Holding Severs Customers’ Right and Title to Crypto Assets Deposited in Celsius Network Earn Program AccountsDuties of Claims Agents are Limited to the Scope of 28 U.S.C. § 156(c)
The Clerk of the Court (“Clerk”) is the “official custodian of the records and dockets of the bankruptcy court,” and when it appears that there will be a distribution to…
Continue Reading Duties of Claims Agents are Limited to the Scope of 28 U.S.C. § 156(c)About this Blog
Fox Rothschild’s Financial Restructuring & Bankruptcy practice offers comprehensive services to businesses facing a broad range of legal issues that can arise in major commercial bankruptcy filings or insolvency.