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Seeing Double? Two Judges, Two Lawsuits, Two Types of Bankruptcy—But a Single Vision for Comity in Cross-Border Insolvencies
In this article, published in the August 2018 issue of the American Bankruptcy Institute Journal, George Shuster and Benjamin Loveland discuss a recent decision in In re National Bank of Anguilla that provided an opportunity for the court to explain a coordinated vision for applying international comity principles in cross-border insolvencies.
United States
23 Aug 2018
Time Is Money: Historical Strip Prices And Valuation In Oil & Gas Bankruptcies
Timing is key to valuation of all types and in all contexts. But in bankruptcy, valuation timing can take on heightened importance because a central element of bankruptcy involves distributing value...
United States
9 Aug 2017
Upside Down in Chapter 15: Can U.S. Entities Qualify as "Foreign" Debtors in the U.S.?
Most lawyers familiar with chapter 15 cross-border insolvency proceedings might assume that "foreign" debtors in chapter 15 cases must be foreign entities — that is, entities not organized under the laws of U.S. states.
United States
5 May 2017
A "Second Bite" From The Second Circuit: Revisiting Section 363 Review Of Transfers In Chapter 15 Bankruptcy Cases
In a recent Madoff-related decision,1 the Second Circuit ruled that a bankruptcy court in a chapter 15 case must conduct an independent review of an asset sale by a foreign liquidator, previously approved by a foreign court.
United States
8 Oct 2014
Can Chapter 15 Be An Ally To Bondholders in Foreign Insolvency Cases?
Increasingly, U.S. bondholders and other creditors of foreign debtors have turned to U.S. courts in chapter 15 cases in an attempt to improve their position against a foreign debtor or other stakeholders.
United States
6 Aug 2014
Significant Issues For Fraudulent Transfer Actions Webcast / Bankruptcy & Restructuring: 2014 & Beyond Webinar
WilmerHale attorneys will participate as featured speakers in two upcoming webinars focusing on developments in bankruptcy and restructuring that are changing the business landscape.
United States
22 Mar 2014
Cross-Border Bankruptcy in 2013: 10 Decisions Shaping Chapter 15
Chapter 15 of the US Bankruptcy Code, addressing cross-border bankruptcy cases, is fewer than 10 years old, but the cumulative volume of Chapter 15 cases has become substantial.
United States
31 Jan 2014
In re Qimonda AG: Fourth Circuit Upholds US Patent Licensee Protections In Chapter 15 Cross-Border Bankruptcy Case
As described in our previous Client Alert regarding In re Qimonda AG, the US Bankruptcy Court for the Eastern District of Virginia concluded in October 2011 that the protections afforded to nondebtor intellectual property licensees under Section 365(n) of the US Bankruptcy Code should be available in the Chapter 15 proceeding of Qimonda AG, a German company.
United States
20 Dec 2013
Bankruptcy And Financial Restructuring Group: 2013 Recap
The past year has been marked with sustained success for the WilmerHale Bankruptcy and Financial Restructuring Group and its clients.
United States
19 Dec 2013
Jurisdictional Mix-And-Match: Vitro, Elpida And Fairfield Demonstrate The Uncertainties Of Cross-Border Bankruptcy For US Bondholders And Buyers
Seasoned participants in the world of cross-border insolvency recognize the inherent complications when US and non-US insolvency laws must be reconciled.
United States
15 Feb 2013
Who Needs Section 365(N)? New Seventh Circuit Decision Provides Licensees Of Bankrupt Trademark Licensors Alternate Grounds For Protecting Their Rights
On July 9, 2012, the U.S. Court of Appeals for the Seventh Circuit issued a decision that could have far-reaching implications for licensees of trademarks.
United States
16 Jul 2012
Unsuccessful Successors? Limits On Bankruptcy Sales "Free And Clear" Of Successor Liability
While many bankruptcy sale orders contain provisions purporting to absolve the purchaser of "successor liability" claims related to the purchased assets or business, a recent case from the U.S.
United States
14 Mar 2012
In re Qimonda AG: Protections For Intellectual Property Licensees In Cross-Border Insolvencies
On October 28, 2011, the U.S. Bankruptcy Court for the Eastern District of Virginia (the "U.S. Bankruptcy Court") issued a decision important to the rights of intellectual property licensees, and creditors generally, in cross-border insolvency proceedings.
United States
8 Nov 2011
Sand Traps for the Unwary: Golf Course Case Questions the Finality of 'Free and Clear' Sale Orders by Bankruptcy
When might a bankruptcy court's "free and clear" order not be the last word in a Section 363 sale?
United States
5 May 2011
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