Brazos Emergency Physicians Assn. v. Woods (In re Brazos Emergency Physicians Assn.)

Appearing at Brazos Emergency Physicians Assn. v. Woods (In re Brazos Emergency Physicians Assn.). Via Volo 5th Circuit: Brazos Emergency Physicians Assn. v. Woods (In re Brazos Emergency Physicians Assn.) Citation: Brazos Emergency Physicians Association, P.A., et al. v. Patrick G. Woods, M.D., et al. (In re Brazos Emergency Physicians Association, P.A.), Case No. 11-50927 […]

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Fifth Circuit Upholds Regulatory Powers Exception to the Automatic Stay

Citation:  Halo Wireless, Inc. v. Alenco Communications Inc. (In re Halo Wireless, Inc.), Case No. 12-40122 (5th Cir. June 18, 2012) Facts: Halo Wireless, Inc. was a small telecommunications company that provides wireless phone and data service to its customers pursuant to a license from the Federal Communications Commission (“FCC”). Starting in May 2011, private telephone […]

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Eleventh Circuit Avoids Upstream Transfers as Fraudulent

The Eleventh Circuit recently avoided, as fraudulent transfers, certain liens pledged by subsidiaries to secure a $500 million loan made to their parent, Tousa, Inc.  See Senior Transeastern Lenders v. Official Comm. of Unsecured Creditors (In re Tousa, Inc.),  No. 11-11071, 2012 WL 1673910 (11th Cir. May 15, 2012).  These liens were avoided as upstream transfers that, pursuant […]

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Supreme Court Upholds Secured Creditor’s Right to Credit Bid

On May 29, 2012, the U.S. Supreme Court decided the well-monitored appeal in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank, where a chapter 11 debtor appealed the ruling of Seventh Circuit Court of Appeals that a debtor may not confirm a cramdown plan, proposing to sell encumbered assets free and clear of liens, without permitting the […]

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Third Circuit Clarifies Treatment of Future Claims

In Patricia Wright, et al. v. Owens Corning, Case No. 11-2026 (3d Cir. May 18, 2012), the Third Circuit Court of Appeals undertook the challenge of administering unknown future claims in bankruptcy.  Future claims are generally known as claims that only become apparent until after a chapter 11 plan is confirmed and the debtor is discharged […]

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N.Y. Court Finds Lack of Jurisdiction in Fraudulent Transfer Suit

In Mark S. Kirschner v. John D. Goglia, et al., Case No. 11 Civ. 08250-JSR (S.D.N.Y. May 9, 2012), the United States District Court for the Southern District of New York granted a motion to withdraw the reference by defendants in an adversary proceeding commenced by the trustee in the Refco bankruptcy case, asserting fraudulent conveyance […]

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