Bankruptcy, Civil Procedure, International Law & Trade

Corporate and Financial Weekly Digest - May 17, 2013

by Katten Muchin Rosenman LLP on 5/20/2013

In this issue: - CFTC Adopts Final Rules for Execution Facilities and Other Matters - FINRA Issues Interpretive Guidance on Use of Back Tested Index Data by ETPs - Mississippi District Court Defers to New...more

Rubin: Enforcement of US Judgments in England

by Nicholas Greenwood | Morgan Lewis on 5/8/2013

UK Supreme Court decision confirms traditional rules on enforcement of all US judgments in England and reverses a significant liberalisation of cross-border bankruptcy law....more

Where Do Your Interests Lie Under Chapter 15 of the Bankruptcy Code? Determining a foreign debtor’s “center of main interests”...

by Eric R. Blythe, Kevin J. Walsh | Mintz Levin - Bankruptcy, Restructuring &... on 5/1/2013

When doing business with a foreign company, it is important to identify the company’s “center of main interests” (“COMI”) as creditors may find themselves bound by the laws of the COMI locale. If a company initiates...more

Center Of Main Interest – The Second Circuit Weighs In

by Sharon Levine, Cassandra Porter, S. Jason Teele | Lowenstein Sandler LLP on 4/18/2013

The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) introduced the most comprehensive amendments to United States bankruptcy law in 25 years. Among the BAPCPA amendments was the creation of Chapter...more

The fate of Argentina's debt restructuring is getting closer

by Sheppard Mullin Richter & Hampton LLP on 4/15/2013

In what the Financial Times has called “the sovereign debt restructuring case of the century,” Argentina has timely submitted its proposal as requested by the U.S. Court of Appeals for the Second Circuit, with which it is...more

Fifth Circuit Crafts New Test For Foreign Debtor Relief

by Audrey Aden Doline, John Rapisardi, Casey Servais | Cadwalader - Financial Restructuring on 1/16/2013

Originally published in the New York Law Journal on January 3, 2012. On Nov. 28, 2012, the U.S. Court of Appeals for the Fifth Circuit in In re Vitro S.A.B. de C.V. issued a groundbreaking decision under Chapter 15 of...more

Fifth Circuit Crafts New Test For Foreign Debtor Relief

by Audrey Aden Doline, John Rapisardi, Casey Servais | Cadwalader - Financial Restructuring on 1/15/2013

Originally published in the New York Law Journal on January 3, 2012. On Nov. 28, 2012, the U.S. Court of Appeals for the Fifth Circuit in In re Vitro S.A.B. de C.V. issued a groundbreaking decision under Chapter 15 of...more

Fifth Circuit Refuses to Enforce Mexican Reorganization Plan's Proposed Release of Non-Debtor Bond Guarantors

by Sheppard Mullin Richter & Hampton LLP on 12/26/2012

The Fifth Circuit recently upheld a Texas Bankruptcy Court’s refusal to enforce non-debtor third party releases in the Mexican reorganization proceeding (known as a concurso mercantil) of Mexican glass manufacturer Vitro SAB...more

Bankruptcy Abroad: US Creditors’ Rights Remain Relevant in Chapter 15

by Eric R. Blythe, Kevin J. Walsh | Mintz Levin - Bankruptcy, Restructuring &... on 12/21/2012

With an increasing number of businesses operating without regard to borders in today’s global economy, the importance of understanding Chapter 15 — the Bankruptcy Code provisions instructing the cooperation between the United...more

Rogers Towers: The Extraordinary Remedy of Discharging Third Party Liability in Bankruptcy Proceedings

by Scott St. Amand | Rogers Towers on 12/21/2012

Recently the Fifth Circuit handed down a thorough opinion regarding Chapter 15 cross-border insolvency and its effects on domestic and foreign creditors. Beyond the Chapter 15 context, however, the court of appeals in In re...more

Fifth Circuit Expected To Issue Landmark Ruling Concerning Recognition of Foreign Bankruptcy Proceedings Contrary to US Public...

by Alan Feld | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

In a widely followed dispute, the Fifth Circuit Court of Appeals will soon render a decision on the appeal of a Texas Bankruptcy Court’s refusal to recognize non-debtor third party releases in the Mexican reorganization...more

Business Litigation Report -- November 2012

by Quinn Emanuel Urquhart & Sullivan, LLP on 11/19/2012

In This Issue: Firm News: • Amy Candido, Diane Doolittle and Susan Estrich Recognized as “Top Women Lawyers” • Quinn Emanuel Adds More International Arbitration Stars Main Article: •...more

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

by Steven Loble on 11/13/2012

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

Judgment Proof: The English Supreme Court Pushes Back On U.S. Bankruptcy Court Jurisdiction

by Reed Smith on 10/25/2012

In a case with truly global implications, the Supreme Court of England and Wales held earlier today that judgments of U.S. Bankruptcy Courts against foreign defendants who had not submitted to the Bankruptcy Court’s...more

Commercial Restructuring & Bankruptcy Alert - October 2012

by Reed Smith on 10/22/2012

In This Issue: - Announcing Our New Cross-Border Insolvency and Restructuring Practice, and New Singapore Office - ‘Unfinished Business’ Doctrine in Law Firm Dissolutions is the Subject of Recent Opposing Decisions...more

Madoff Feeder Fund: Fairfield liquidators suffer major court reversal

by Harney Westwood & Riegels on 9/7/2012

Originally published in The Hedge Fund Journal - July 2012. In a series of decisions before the BVI (British Virgin Isles) Commercial Court and Eastern Caribbean Court of Appeal, the liquidators of Fairfield have...more

In re Ashapura: Southern District of New York Holds that Proceeding Under Repealed Foreign Law is Entitled to Chapter 15...

by Cadwalader - Financial Restructuring on 9/5/2012

On June 28, 2012, Judge Shira A. Scheindlin of the United States District Court for the Southern District of New York affirmed the order of the United States Bankruptcy Court for the Southern District of New York granting...more

IP Update, Vol. 15, No. 8, August 2012

by McDermott Will & Emery on 9/4/2012

In This Issue: Patents: Prometheus Rising: In Bancorp, the Battle Between “Claim” and “Inventive Concept” Continues; Prior Art Publications Entitled to Presumption of Enablement; Statements Made During...more

SDNY Bankruptcy Court Opens Door For Rule 2004 Use in Chapter 15

by Cadwalader, Wickersham & Taft LLP on 6/28/2012

On May 25, 2012, Judge Allan L. Gropper of the United States Bankruptcy Court for the Southern District of New York approved a motion to compel the production of certain documents under section 1521 of the Bankruptcy Code. In...more

Vitro: Chapter 15 and the Limits of Comity: Texas Bankruptcy Court Refuses to Enforce Third Party Release Provisions in Mexican...

by Cadwalader, Wickersham & Taft LLP on 6/26/2012

On June 13, 2012, Judge Harlin D. Hale of the United States Bankruptcy Court for the Northern District of Texas refused to enforce provisions of a Mexican plan of reorganization that purported to extinguish guarantees by the...more

Business Litigation Report -- June 2012

by Quinn Emanuel Urquhart & Sullivan, LLP on 6/22/2012

In This Issue: - Firm News: ..Quinn Emanuel Opens Second German Office in Hamburg Led by Intellectual Property and Antitrust Litigator Dr. Nadine Herrmann ..Former Novartis GC Dr. Thomas Werlen Joins QE...more

The Euro Odyssey: An Epic Journey or a Greek Tragedy in the Making?

by Morrison & Foerster LLP on 6/12/2012

The future of the European single currency stands precariously balanced. While hoping for the best outcome, prudent financial planning requires businesses to at least consider once unthinkable thoughts about the possible...more

District Court for the Southern District of New York Reaffirms Extraterritorial Effect of the Automatic Stay

by Cadwalader, Wickersham & Taft LLP on 5/30/2012

On May 4, 2012, Judge J. Paul Oetken of the United States District Court of the Southern District of New York held that the Bankruptcy Court has the injunctive power to enforce the automatic stay against entities falling...more

Bankruptcy Court Refuses To Stay International Litigation Against Non-Debtor Subsidiaries Despite Express Statutory Language...

by Cadwalader, Wickersham & Taft LLP on 5/29/2012

In re Vitro, S.A.B de C.V v. ACP Master, Ltd., et al., Case No. 11-33335-HDH-15 (N.D. Tex. 2011), is a decision by a bankruptcy court but contains discussion of the issue often arising in contentious international litigation:...more

Insolvenzrecht - Konkursanfechtungsrecht - Belgisches Konkursrecht

by Kocks & Partners Rechtsanwälte Belgien on 5/28/2012

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

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Bankruptcy › Civil Procedure › International Law & Trade

Corporate and Financial Weekly Digest - May 17, 2013

Rubin: Enforcement of US Judgments in England

Where Do Your Interests Lie Under Chapter 15 of the Bankruptcy Code? Determining a foreign debtor’s “center of main interests”...

Center Of Main Interest – The Second Circuit Weighs In

The fate of Argentina's debt restructuring is getting closer

Fifth Circuit Crafts New Test For Foreign Debtor Relief

Fifth Circuit Crafts New Test For Foreign Debtor Relief

Fifth Circuit Refuses to Enforce Mexican Reorganization Plan's Proposed Release of Non-Debtor Bond Guarantors

Bankruptcy Abroad: US Creditors’ Rights Remain Relevant in Chapter 15

Rogers Towers: The Extraordinary Remedy of Discharging Third Party Liability in Bankruptcy Proceedings

Fifth Circuit Expected To Issue Landmark Ruling Concerning Recognition of Foreign Bankruptcy Proceedings Contrary to US Public...

Business Litigation Report -- November 2012

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

Judgment Proof: The English Supreme Court Pushes Back On U.S. Bankruptcy Court Jurisdiction

Commercial Restructuring & Bankruptcy Alert - October 2012

Madoff Feeder Fund: Fairfield liquidators suffer major court reversal

In re Ashapura: Southern District of New York Holds that Proceeding Under Repealed Foreign Law is Entitled to Chapter 15...

IP Update, Vol. 15, No. 8, August 2012

SDNY Bankruptcy Court Opens Door For Rule 2004 Use in Chapter 15

Vitro: Chapter 15 and the Limits of Comity: Texas Bankruptcy Court Refuses to Enforce Third Party Release Provisions in Mexican...

Business Litigation Report -- June 2012

The Euro Odyssey: An Epic Journey or a Greek Tragedy in the Making?

District Court for the Southern District of New York Reaffirms Extraterritorial Effect of the Automatic Stay

Bankruptcy Court Refuses To Stay International Litigation Against Non-Debtor Subsidiaries Despite Express Statutory Language...

Insolvenzrecht - Konkursanfechtungsrecht - Belgisches Konkursrecht

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