Bankruptcy News and Analysis – June 13, 2014

13 Jun Bankruptcy News and Analysis – June 13, 2014

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Asset Ownership

– Bankruptcy Estate: When Is A Joint Venture A Partnership (And Who Cares)?

Secured Claims

–  Circuit Court Affirms Bankruptcy Court’s Broad Discretion to Re-Value Collateral in Determining Creditor’s Entitlement to Post-Petition Interest

Sales

–  Liens and Interests Jettisoned [In] Asset Sales “Free and Clear”

Avoidance Actions

–  Did the Second Circuit Get SLUSA Right in the Madoff Ponzi Scheme Case?

–  LLC Membership Transfer: Is Expulsion of a Member a Preferential Transfer?

–  How Safe Is the Section 546(e) Safe Harbor?

Cross-Border

–  Limits of the Bankruptcy Code: Foreign  Restructuring Tools in a Czech Environment

Environmental

–  Clean Up for What?! After Enough Time, You Can Leave Your Mess Behind

Tax

Partnership Bankruptcy Tax Issues

SCOTUS Rulings

–  Did Law v. Siegel Sound the Death Knell for the Equity Powers of the Bankruptcy Court?

–  Breaking News: Unanimous Supreme Court Closes Statutory Gap, Leaves Other “Core” Stern Questions For Another Day (Executive Benefits Insurance Agency v. Arkison)

–  Applying Its Stern v. Marshall Ruling On The Power Of Bankruptcy Courts, The U.S. Supreme Court Issues A Narrow Decision In Executive Benefits Case

Other Stories

• Supreme Court rules on scope of bankruptcy authority
• Supreme Court rules on bankrtupcy court jurisdiction
• Opinion analysis: Bankruptcy judges, attorneys breathe sigh of relief as Court affirms bankruptcy court authority
• Court: Inherited IRAs not protected in bankruptcy
• Inherited IRA Not Exempt From Creditors In Bankruptcy, Says Sotomayor

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