Bankruptcy › Civil Procedure › Conflict of Laws

Ninth Circuit Widens Circuit Split Over Application of State or Federal Bankruptcy Law To Determine Whether Claims of...

In an important decision for private equity sponsors and other insiders who advance loans to their businesses, on April 30, 2013, the Ninth Circuit Court of Appeals in In re Fitness Holdings International confirmed that...more

Supreme Court Holds California’s Survival Statute Inapplicable To Delaware Corporation

Section 278 of the Delaware General Corporation in effect limits suits against dissolved corporations to a period of three years from dissolution. In contrast, Section 2010 of the California Corporations Code sets no time...more

United States of America v. Susquehanna Bank

Appellee's Brief

The Internal Revenue Service appealed a grant of summary judgment favoring Mr. Valkenet's client, Susquehanna Bank. The Maryland bankruptcy court granted the bank's indemnity deed of trust priority over IRS tax liens by...more

Eighth Circuit Rules That a “Perpetual” Trademark Licensing Agreement Is an “Executory” Contract Subject to Rejection Under...

The United States Court of Appeals for the Eighth Circuit recently ruled that a perpetual, royalty-free, and exclusive trademark licensing agreement qualified as an executory contract subject to assumption or rejection under...more

Enforcement of Foreign Judgments - The Usual Rules Apply (no exception for insolvency)

This an important case from the English Supreme Court relating to the enforcement of foreign judgments in England. In the judgment, Lord Collins posed the following question, “Should there be a more liberal rule for...more

Asbestos Alert: Corporations Formed Other than in California Which Have Dissolved May Be Able to Win Summary Judgment in...

Robinson v. SSW, Inc. California Court of Appeal, First District (September 21, 2012) Douglas Robinson died from mesothelioma and his family filed a wrongful death action. SSW, Inc., a Nebraska corporation, sought...more

Seventh Circuit Allows Trademark Licensees to Continue Using License After Rejection of Licensing Agreement

The Court of Appeals for the Seventh Circuit, in Sunbeam Products, Inc. v. Chicago American Manufacturing, LLC, recently issued a decision that holds contrary to the only other court of appeals that has addressed the issue —...more

Insolvenzrecht - Konkursanfechtungsrecht - Belgisches Konkursrecht

Das Konkursrecht vom 18. April 1851, das im dritten Buch des Handelsgesetzbuches zu finden ist, wurde durch das Konkursgesetz („Loi sur les faillites“/“Faillissementswet“) vom 08. August 1997, das am 01. Januar 1998 in Kraft...more

Supreme Court Addresses Circuit Split Over Cramdown Plans Precluding Credit Bidding

In a docket crowded with blockbuster cases this term, the Supreme Court's decision concerning the circuit split over cramdown plans precluding credit bidding by secured lenders may not stoke as much passion or fury as the...more

The Connecticut Bankruptcy Beat - March 2012

Welcome to the inaugural edition of Pullman & Comley’s Connecticut Bankruptcy Beat. This newsletter will be circulated on a bi-monthly basis and will cover current bankruptcy law developments of interest in Connecticut, the...more

July 2011: Bankruptcy Litigation Update

Supreme Court Limits Bankruptcy Court Authority to Render Final Orders on State Law Counterclaims: The Supreme Court recently issued a decision resolving “two issues: (1) whether the Bankruptcy Court had the statutory...more

Supreme Court: Bankruptcy Courts Cannot Decide Debtors’ State Law Counterclaims

In a decision that may have significant practical implications to the practice of bankruptcy law, the U.S. Supreme Court recently declared, on constitutional grounds, that a bankruptcy court cannot exercise jurisdiction over...more

Trust Busting in Switzerland, Yves Klein, London, 13.05.11

A description of Swiss law on the recognition of foreign trusts and of tools available under Swiss law to challenge them....more