Searching Content indexed under Trials & Appeals & Compensation 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
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
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
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
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
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
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
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
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