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Searching Content indexed under Insolvency/Bankruptcy by Dan Moss ordered by Published Date Descending.
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1
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
Bankruptcy Court In Chapter 15 Case Refuses To Extend Comity To Gibbs Rule In Enforcing Croatian Settlement Modifying English-Law Debt
More than one bankruptcy or insolvency proceeding may be pending with respect to the same foreign debtor in different countries.
Worldwide
15 Apr 2019
5
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
6
Bankruptcy Court Enforces Nonconsensual Third-Party Releases In Chapter 15 Case
In In re Avanti Commc'ns Grp. PLC, 582 B.R. 603 (Bankr. S.D.N.Y. 2018), Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York entered an order under chapter 15...
United States
16 Aug 2018
7
Foreign Debtors' Forum Shopping Warranted Stay Of U.S. Avoidance Litigation
The doctrine of forum non conveniens permits a court to dismiss litigation even if the court is a proper venue with jurisdiction over the claims asserted.
United States
25 Jun 2018
8
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
9
Chapter 15 Update: U.S. Venue Selection Clause Does Not Trump Distribution Scheme In Italian Restructuring Plan
In determining whether a U.S. bankruptcy court should provide the representative of a foreign debtor with various forms of assistance in a case under chapter 15 of the Bankruptcy Code ...
United States
19 Apr 2018
10
Cross-Border Bankruptcy Update: COMI Migration And Illegitimate COMI Manipulation Distinguished
With the significant increase in cross-border bankruptcy and insolvency filings in the 43 nations or territories that have adopted the UNCITRAL Model Law on Cross-Border Insolvency, including the U.S., ...
United States
24 Nov 2017
11
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
12
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
13
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
14
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
15
Courts, Cooperation, And More: A Review Of Cross-Border Insolvency Protocols
Protocols establish the premise for their creation and outline the goals the parties hope to achieve.
United States
19 Jul 2017
16
House Passes Legislation Allowing Financial Institutions To Seek Chapter 11 Protection
On April 5 and June 8, 2017, the U.S. House of Representatives passed bills (the Financial Institution Bankruptcy Act of 2017 and the Financial CHOICE Act of 2017) that would allow financial institutions...
United States
20 Jun 2017
17
From The Top: U.S. Supreme Court To Hear Case On Scope Of Section 546(e)'s Safe Harbor
On May 1, 2017, the U.S. Supreme Court agreed to hear Merit Management Group v. FTI Consulting, No. 16-784, on appeal from the U.S. Court of Appeals from the Seventh Circuit.
United States
5 Jun 2017
18
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
19
Supreme Court To Hear Case On Scope Of Section 546(E)'S Safe Harbor
On May 1, 2017, the U.S. Supreme Court agreed to hear Merit Management Group v. FTI Consulting, No. 16-784, on appeal from the U.S. Court of Appeals from the Seventh Circuit.
United States
4 May 2017
20
U.S. Supreme Court Invalidates Non-Consensual Structured Dismissal Deviating From Bankruptcy Priority Scheme
Thus, it concluded that Congress did not authorize a "rare case" exception to the ordinary priority rules.
United States
31 Mar 2017
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