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3 weeks ago | 
law.com | Lawrence J. Kotler
In a recent decision in the bankruptcy case of FTX Trading, Case No. 22-11068 (JTD), the U.S. Bankruptcy Court for the District of Delaware permitted the amendment of a timely filed proof of claim after the bar date even though the amendment increased the original proof of claim by more than 12 times its face value. In this case, the claimant, the duly authorized liquidators (the liquidators) of a British Virgin Islands company, Three Arrows Capital Ltd.
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1 month ago | 
law.com | Lawrence J. Kotler |Ryan M. Spengler
In In re Ghatanfard, No. 24-CV-2858 (CS), 2024 WL 4707931 (S.D.N.Y. Nov. 7, 2024), the U.S. District Court for the Southern District of New York affirmed a decision by the U.S. Bankruptcy Court for the Southern District of New York converting a debtor’s Subchapter V case to a Chapter 7 case.
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1 month ago | 
lexology.com | Lawrence J. Kotler |Ryan M. Spengler
In In re Ghatanfard, No. 24-CV-2858 (CS), 1 (S.D.N.Y. Nov. 7, 2024), the U.S. District Court for the Southern District of New York affirmed a decision by the U.S. Bankruptcy Court for the Southern District of New York converting a debtor’s Subchapter V case to a Chapter 7 case.
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Nov 8, 2024 | 
law.com | Lawrence J. Kotler |Drew S. McGehrin
Who Got The Work Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct.
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Sep 27, 2024 | 
law.com | Lawrence J. Kotler |Elisa Hyder
Who Got The Work Joseph J. Mueller and Rachel Bier of Wilmer Cutler Pickering Hale and Dorr have entered appearances for Omachron Alpha, Omachron Intellectual Property and SharkNinja Operating in a pending patent infringement lawsuit. The action, filed Sept. 16 in Massachusetts District Court by Kirkland & Ellis, asserts three patents in connection with SharkNinja's sale of the 'Vertex' and 'Stratos' cordless vacuum cleaners. The case, assigned to U.S. District Judge Allison D.
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Aug 12, 2024 | 
law.com | Lawrence J. Kotler |Ryan M. Spengler
In a recent opinion, the U.S. Bankruptcy Court for the Northern District of California (the court) in the matter of In re Callaway, No. 24-30082-DM, 2024 WL 3191673 (Bankr. N.D. Cal. June 26, 2024), created a potential loophole for plant-touching cannabis businesses desiring bankruptcy protection when it denied two separate motions to dismiss an individual’s Chapter 7 bankruptcy case.
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Jul 1, 2024 | 
lawjournalnewsletters.com | Lawrence J. Kotler |Geoffrey A. Heaton
BankruptcyLitigationIn a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor’s failure to properly schedule a debt in an “asset case” renders the debt nondischargeable.
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Jun 24, 2024 | 
law.com | Lawrence J. Kotler |Geoffrey A. Heaton
In a recent published decision, the U.S. Court of Appeals for the Ninth Circuit addressed a previously unresolved question in that circuit: whether a debtor’s failure to properly schedule a debt in an “asset case” renders the debt nondischargeable. Answering the question in the affirmative, the court held that, with the exception of a “no asset” bankruptcy case, a debt is nondischargeable in its entirety if the debtor fails to properly schedule the debt. See In re Licup, 95 F.4th 1234 (9th Cir.
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Jun 1, 2024 | 
lawjournalnewsletters.com | Lawrence J. Kotler |Drew S. McGehrin
BankruptcyLitigationThe U.S. Bankruptcy appellate panel for the Ninth Circuit addressed a matter of first impression: what happens when a debt that may be considered nondischargeable is later determined to be dischargeable, and more importantly, whether efforts to collect such a debt be exempt from penalties for violating the discharge injunction?
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May 20, 2024 | 
law.com | Lawrence J. Kotler |Drew S. McGehrin
One of the key aims of the bankruptcy process is affording debtors a “fresh start” by granting them a discharge of their debts, However, the Bankruptcy Code has excepted certain debts that are incapable of being discharged as a matter of right, including, without limitation, certain “qualifying” loans used to fund a debtor’s education. For a debtor to be able to receive a discharge of such loans, the debtor must file a lawsuit and obtain a judgment determining their dischargeability.
