Bankruptcy, Civil Remedies, International Law & Trade

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

Cyprus Bailout: Potential Recourse for Lost Investments

by Owen Hammond, Bruce Johnston, Peter Sharp, Iain Wright | Morgan Lewis on 4/15/2013

Large depositors in Cyprus's two largest banks may consider international arbitration and appeals to the European courts to recover funds lost under the bailout plan....more

A Tale Of Two Debtors: Lehman Brothers And The Availability Of Equitable Subordination In The “Dueling Debtor” Context

by Harrison Denman | White & Case LLP on 3/11/2013

Originally published in the NYU Journal of Law & Business - Vol. 9:269, 2012. This article suggests that the generally accepted “offensive/defensive” standard used by bankruptcy courts to determine whether a debtor may...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

Critical Supplier's Hard-Ball Queue Jumping Pays Off

by Michael N. Atlas | Dickinson Wright on 11/19/2012

In Re Northstar Aerospace - Overview - In Canada, foreign critical suppliers may be able to extract payment, in full, for amounts owed to them by a debtor company in a CCAA filing, by virtue of their location in a...more

"Landmark UK Supreme Court Ruling Restricts Enforcement of Foreign Bankruptcy Judgments"

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/25/2012

In a ruling disposing of two appeals, the U.K. Supreme Court has held that the enforcement of foreign bankruptcy rulings in England will in certain circumstances be more difficult than had previously been thought. The two...more

Enforcing orders made in foreign insolvency proceedings

by Harney Westwood & Riegels on 10/25/2012

The UK Supreme Court decision in Rubin v Eurofinance SA and what it means for BVI and Cayman - This article sets out the potential impact in the BVI and Cayman of the much anticipated Supreme Court decision in Rubin v....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

Lehman Bankruptcy Update: Lehman Reaches $38 Billion Deal With European Unit

by Patterson Belknap Webb & Tyler LLP on 10/10/2012

The Trustee overseeing the liquidation under the Securities Investor Protection Act (“SIPA”) of Lehman Brothers Inc. (“Lehman”) in the U.S. and the Joint Administrator of Lehman Brothers International (Europe) (“LB Europe”)...more

$40 Million Settlement Approved in Lehman Brothers Case

by Orrick, Herrington & Sutcliffe LLP on 7/4/2012

On June 21, 2012, Judge Lewis A. Kaplan of the Southern District of New York approved a $40 million settlement in an RMBS class action brought by Locals 302 and 612 of the International Union of Operating Engineers –...more

The Recent Enhancements To The Italian Bankrtupcy Law

by Orrick, Herrington & Sutcliffe LLP on 6/29/2012

On 15 June 2012 the Italian Government enacted the legislative decree known as decreto sviluppo (the “Decree”) that, among others, includes provisions enhancing the restructuring proceedings under the Italian Bankruptcy Law...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

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

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Bankruptcy › Civil Remedies › International Law & Trade

Rubin: Enforcement of US Judgments in England

Cyprus Bailout: Potential Recourse for Lost Investments

A Tale Of Two Debtors: Lehman Brothers And The Availability Of Equitable Subordination In The “Dueling Debtor” Context

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

Critical Supplier's Hard-Ball Queue Jumping Pays Off

"Landmark UK Supreme Court Ruling Restricts Enforcement of Foreign Bankruptcy Judgments"

Enforcing orders made in foreign insolvency proceedings

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

Lehman Bankruptcy Update: Lehman Reaches $38 Billion Deal With European Unit

$40 Million Settlement Approved in Lehman Brothers Case

The Recent Enhancements To The Italian Bankrtupcy Law

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

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...

Dante’s Third Ring: Lehman Investors Bring Adversary Proceeding In SDNY Bankruptcy Court

MF Global: No Statutory Authority for Broker Customer Committee, Compensation from Estate, in SIPA Liquidation

Lehman client money judgment – impact on MF Global clients

UK Supreme Court Lehman Client Money Decision

Lehman Bankruptcy - In re: Lehman Brothers Holdings, Inc., et al., No. 08-13555

SDNY Bankruptcy Court Tackles Jurisdiction of Federal Maritime Commission

Commercial Division Clarifies Limits of Choice of Law Provision in Indentures

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