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Kevin M. LaCroix
D&O Insurance: Debtor-in-Possession Claims and the Insured vs. Insured Exclusion

The traditional Insured vs. Insured exclusion found in many D&O insurance policies is a frequent source of claims disputes, particularly in the bankruptcy context . As its name suggests, the Insured vs. Insured exclusion precludes coverage for claims...

Stephen Sather
Fifth Circuit Report: April-May 2015

At the same time that the Supreme Court was busy ruling upon its bankruptcy cases for the term, the Fifth Circuit was active as well. There were so many cases in April, that it took me two months to summarize them. Over the course of April and May, the...

Sheppard Mullin
Supreme Court Holds That Bankruptcy Courts Can Adjudicate Stern Claims

By Evan Zisholtz In a 6-3 ruling, the U.S. Supreme Court held that bankruptcy courts have the authority to adjudicate Stern claims so long as the litigant parties provide “knowing and voluntary consent.” This decision in Wellness International...

Stephen Sather
Supreme Court Extends Dewsnup but Suggests They Really Don't Care for the Decision

The Supreme Court extended the holding of Dewsnup v. Timm , 502 U.S. 410 (1992) to a fully unsecured junior lien in a chapter 7 case [lexis.com subscribers may access Supreme Court briefs and an enhanced opinion for this case]. However, the Court suggested...

Kathy Bazoian Phelps
May 2015 Ponzi Scheme Roundup

Below is a summary of the activity reported for May 2015. The reported stories reflect: 7 guilty pleas or convictions in pending cases; over 62 years of newly imposed sentences for people involved in Ponzi schemes; at least 16 new Ponzi schemes involving...

Kelley Drye & Warren LLP
Supreme Court Decides to Maintain the Viability of the U.S. Bankruptcy Courts, But a Key Question Remains Unresolved

by Ben Feder Four years ago, in Stern v. Marshall , the Supreme Court stunned many observers by re-visiting separation of powers issues regarding the jurisdiction of the United States bankruptcy courts that most legal scholars had viewed as long settled...