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Searching Content indexed under Litigation, Mediation & Arbitration by Dan Moss ordered by Published Date Descending.
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Three-Year Delay In Appointing Foreign Representative Not Fatal To Chapter 15 Recognition
In In re PT Bakrie Telecom Tbk, 601 B.R. 707 (Bankr. S.D.N.Y. 2019), the U.S. Bankruptcy Court for the Southern District of New York ...
United States
27 Sep 2019
2
Business Restructuring Review July-August 2019
In In re Fraser's Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar. 18, 2019), the court reversed a bankruptcy court order approving settlement agreements providing for the sale of certain
United States
19 Sep 2019
3
Foreign Debtor's COMI Shift Dooms Bid For Chapter 15 Recognition
In In re O'Reilly, 598 B.R. 784 (Bankr. W.D. Pa. 2019), the U.S. Bankruptcy Court for the Western District of Pennsylvania denied the petition of a foreign bankruptcy trustee.
United States
11 Sep 2019
4
No Comity Extended To Foreign Bankruptcy Without Chapter 15 Recognition
U.S. courts have a long-standing tradition of recognizing or enforcing the laws and court rulings of other nations as an exercise of international "comity."
United States
27 Feb 2019
5
Foreign Debtors' Forum Shopping Warranted Stay Of U.S. Avoidance Litigation
Even if a U.S. court has jurisdiction over a lawsuit involving foreign litigants, the court may conclude that a foreign court ...
United States
8 Jun 2018
6
Courts, Cooperation, And More: Incorporating Case-Specific Provisions In Insolvency Protocols
In cross-border restructuring cases, court-approved insolvency protocols are applied to facilitate communication between U.S. and foreign courts and standardize certain common procedures.
United States
6 Sep 2017
7
From The Top: U.S. Supreme Court To Hear Case On Scope Of Section 546(e)'s Safe Harbor
The Court's decision could resolve a question of great significance for financial institutions and those who use their services in transactions.
United States
9 Aug 2017
8
U.S. Supreme Court Holds That Structured Dismissals Cannot Deviate From The Bankruptcy Code's Priority Scheme
The Bankruptcy Code sets forth certain priority rules governing distributions to creditors in both chapter 11 and chapter 7 cases.
United States
9 Aug 2017
9
Second Circuit Affirms Bankruptcy Court's Nullification Of Chapter 15 Debtor's Sale Of Claim Due To Woefully Inadequate Price
In October 2015, the bankruptcy court granted a motion by the chapter 15 debtor's foreign representative to abandon the sale.
United States
9 Aug 2017
10
U.S. Supreme Court Holds That Structured Dismissals Cannot Deviate From The Bankruptcy Code's Priority Scheme
In bankruptcy cases under chapter 11, debtors sometimes opt for a "structured dismissal" when a consensual plan of reorganization or liquidation cannot be reached or conversion to chapter 7...
United States
5 Jun 2017
11
No Decision From Eighth Circuit On Validity Of Ponzi Scheme Presumption
Proving actual intent to defraud under either section 548 or state law can be difficult.
United States
29 May 2015
12
RadLAX: Credit Bidding Is Cleared For Takeoff By U.S. Supreme Court
The U.S. Supreme Court in RadLAX Gateway Hotel, LLC v. Amalgamated Bank
United States
13 Jun 2012
13
Credit Bidding And The Supreme Court: What Happens Next?
On December 12, 2011, the Supreme Court granted a petition for certiorari in a case raising the question of whether a debtor's chapter 11 plan is confirmable when it proposes an auction sale of a secured creditor's assets free and clear of liens without permitting that creditor to "credit bid" its claims but instead provides the creditor with the "indubitable equivalent" of its secured claim. RadLAX Gateway Hotel, LLC v. Amalgamated Bank, No. 11-166 (cert. granted Dec. 12, 2011).
United States
15 Mar 2012
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