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The 2005 Bankruptcy Abuse Prevention and Consumer Protection Act ("BAPCPA") gave patients of insolvent health care facilities a clear voice in bankruptcy proceedings by creating a new role in bankruptcy cases ' the Patient Care Ombudsman ("PCO").
Troubled banks under the FDIC's jurisdiction often end up in conservatorships or receiverships. But bank holding companies that own U.S. banks can file for bankruptcy. And special rules apply in such cases.
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A recent Sixth Circuit opinion may rebuke implicitly a controversial holding of the Ninth Circuit Bankruptcy Appellate Panel in 2008, holding that the lien-stripping effect of a sale pursuant to ' 363(f)of the Bankruptcy Code could be unwound on appeal.
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that recently went into effect. It also looks at some recent important cases, including a Delaware Supreme Court decision.
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Corporate Counsel take note: on Nov. 3, the SEC published proposed Regulation 21F, establishing a program designed to reward individuals who provide the SEC with information leading to successful enforcement actions. The proposal was mandated by Dodd-Frank and sets out procedures under which whistleblowers could qualify for significant monetary awards by providing information to the SEC regarding violations of the federal securities laws.
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A central feature of the RRRA was its prohibition, in any rent overcharge complaint, on examination of rental history more than four years old at the time the complaint was filed. In two recent decisions, The Court of Appeals has eviscerated that prohibition.
