ArticleIn re YonishThe Sixth Circuit B.A.P. reverses the bankruptcy court's denial of the motion to reopen the bankruptcy case to avoid judicial liens.United StatesInsolvency/Bankruptcy/Re-StructuringStoll Keenon Ogden PLLC
ArticleCharging Orders And Professional FirmsWhile not referenced therein, this decision is consistent with FirstMerit Bank, N.A. v. Xyran, Ltd., 2013 WL 1183340 (Ohio App. 8 Dist. March 21, 2013).United StatesCorporate/Commercial LawStoll Keenon Ogden PLLC
ArticleMatteson v. Bank Of America, N.A. (In Re Matteson)The Sixth Circuit B.A.P. reverses the bankruptcy court's finding that the mortgagee's claim should be reduced by the amount the mortgagee would have received under the Chapter 13 plan if it had filed a proof of claim. United StatesInsolvency/Bankruptcy/Re-StructuringStoll Keenon Ogden PLLC
ArticleOfficial Committee of Unsecured Creditors of Bulk Petroleum Corp. v. Kentucky Department Of Revenue (In re Bulk Petroleum Corp. And Bulk Petroleum Kentucky Properties, LLC)The Seventh Circuit addresses issues related to Kentucky gasoline taxes in a bankruptcy case pending in the Eastern District of Wisconsin. United StatesInsolvency/Bankruptcy/Re-StructuringStoll Keenon Ogden PLLC
ArticleBaker Botts L.L.P. v. ASARCO LLCThe Supreme Court holds that professionals employed by trustees may not be compensated for time spent defending their fee applications in court.United StatesLitigation, Mediation & ArbitrationStoll Keenon Ogden PLLC
ArticleProposed Regulations Could Negatively Impact Family-Controlled EntitiesThe IRS has proposed new regulations that will substantially impact family-controlled entities.United StatesTaxStoll Keenon Ogden PLLC
ArticleThe Manufacturers' Long And Narrow Road To A Sales And Use Tax Exemption In Kentucky (Webinar)Across the nation, states have created incentives to encourage manufacturers to locate new facilities there or expand existing ones. United StatesTaxStoll Keenon Ogden PLLC
ArticleSpradlin v. Beads and Steeds Inns, LLC (In re Howland)The district court affirms the bankruptcy court's orders holding the trustee failed to state a claim for substantive consolidation and could not proceed on a reverse veil piercing theory under Kentucky law. United StatesInsolvency/Bankruptcy/Re-StructuringStoll Keenon Ogden PLLC
ArticleMore Confusion On Charging OrdersEarthgrains held a judgment in the range of $6,000,000 against Sycamore Family Bakery and Leland Sycamore, its 48% member. United StatesLitigation, Mediation & ArbitrationStoll Keenon Ogden PLLC
ArticleAkeley v. Hudson (In Re Hudson)The bankruptcy court denies the debtor's motion to dismiss the non-dischargeability action and denies the plaintiff's cross-motion for summary judgment.United StatesInsolvency/Bankruptcy/Re-StructuringStoll Keenon Ogden PLLC
ArticleNorthwestern Abandons Two-Year JD ProgramAccording to a posting on the Above the Law site Northwestern University Law has abandoned its two-year (as contrasted with the typical three-year) JD program.United StatesConsumer ProtectionStoll Keenon Ogden PLLC
ArticleCalifornia Court Adds Unnecessary Complexity To Issuance Of Charging OrderIn a recent decision from a US District Court in California, a charging order was denied on the basis that the judgment-creditor had not proved that the judgment-debtor was in fact a member of the LLCs to whom the charging orders would be delivered.United StatesCorporate/Commercial LawStoll Keenon Ogden PLLC
ArticleTrustee Awarded $2.6 Million From Beneficiaries Who Sued For $1.2 BillionA Kentucky court has ruled in favor of a trustee with respect to claims brought against it by a minority of the beneficiaries alleging that the trust had been mismanaged...United StatesCorporate/Commercial LawStoll Keenon Ogden PLLC
ArticleUnder The Revised Uniform LLC Act The Executrix Of A Member Is Not A MemberIn a recent decision from Connecticut, the issue was the status of the executrix of a member vis-a-vis the LLC, a question considered in the context of whether the executrix may or may not seek the judicial dissolution of the LLC. United StatesCorporate/Commercial LawStoll Keenon Ogden PLLC
ArticleWhen Does One Equal One?Last week, the United States Supreme Court agreed, in the 2015-2016 term, to review the question presented in Evenwel v. Abbott, an interesting case which will essentially present the question of "when does one equal one?"United StatesGovernment, Public SectorStoll Keenon Ogden PLLC
ArticleGiese v. Community Trust Bank (In re HNRC Dissolution Co.)The bankruptcy court dismisses the plaintiff's complaint because it failed to state a claim. The complaint was based on a factual assertion that the plaintiff's predecessor had an interest in certain bank account funds.United StatesInsolvency/Bankruptcy/Re-StructuringStoll Keenon Ogden PLLC
ArticleLeonard v. RDLG, LLC (In re Leonard)The Sixth Circuit affirms the order granting summary judgment to the creditor, finding a debt nondischargeable under 11 U.S.C. § 523(a)(2)(A). United StatesInsolvency/Bankruptcy/Re-StructuringStoll Keenon Ogden PLLC
ArticleMERV Properties, L.L.C. v. Forcht Bancorp, Inc. (In Re MERV Properties, L.L.C.)The Sixth Circuit B.A.P. affirms the bankruptcy court's order granting summary judgment in favor of the bank. United StatesInsolvency/Bankruptcy/Re-StructuringStoll Keenon Ogden PLLC
ArticleTrademark Licensees Pick Up A Win In BankruptcyThe U.S. Supreme Court this week issued an important ruling for trademark licensees when their bankrupt licensors United StatesIntellectual PropertyStoll Keenon Ogden PLLC