Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Dewey's Bankruptcy Lawyer: More Large Law Firms Will Fail
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
Bill on Bankruptcy: Trustees Sleep Easy after High Court Ruling
Bill on Bankruptcy: Lehman Test Case on Judicial Nullification
Cohen: Cyprus Is Not A Template For Future Restructurings
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Deloitte: Turnarounds and Democracy Don't Mix
Bill on Bankruptcy: Lawyers Easily Make Simple Words Complicated
Bill on Bankruptcy: Easterbrook Turns the Tide on Student Loans
Bill on Bankruptcy: Stockton May Win the Battle, Lose the War
NFA Chairman Chris Hehmeyer Talks Bankruptcy Reform
Buchheit: Cyprus Could Need a Second Bailout
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Bill on Bankruptcy: Why is Kodak's Stock Soaring?
Smolinsky Sees Similarities Between Reader's Digest, Kodak
Bill on Bankruptcy: How Purchasers of AMR Stock Made a Killing
Bankruptcy and Insolvency. It's not as bad as you think!
Bill on Bankruptcy: Secret Madoff Agreement May Harm Victims
Consultant: More Big Law Firms Will "Implode"
Weekly Brief: Courthouse Violence on the Rise
Gary S. Lee is a partner in Morrison & Foerster LLP's New York office. He is co-chairman of the firm's finance department and chairman of the firmwide business restructuring and insolvency group. Lee advises clients on...more
Opportunities for investors in European HY Debt
- Record amounts of HY issuance in Europe since 2010, much of which has refinanced the LBO bank debt maturity wall
- Potential for significant restructuring...more
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
In This Issue:
House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers...more
In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir. April 16, 2013), the United States Court of Appeals for the Second Circuit (the "Second Circuit") held that...more
In This Issue:
- Project Development/FinanceKey Considerations in Energy Take-or-Pay Contracts
- Upstream - Russia and former republics Unconventional Russia
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
You are in your office finishing your morning espresso when you receive an email from the CFO of your companies' U.S. subsidiary. Attached to the email is a letter from a U.S. law firm. Instinctively, you know this can't be...more
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
After A123 Systems filed for bankruptcy in October a number of companies looked to buy its assets. Now a sale to Wanxiang Group, a Chinese auto parts manufacturer, has been confirmed by the bankruptcy courts despite some...more
Shortly after the U.S. Court of Appeals for the Fifth Circuit refused to enforce Vitro SAB’s Mexican plan of reorganization in the United States (covered here), Judge Harlin D. Hale of the U.S. Bankruptcy Court for the...more
Below are links to some recent CrunchedCredit posts,including a preview of next week’s CREFC conference inMiami. For more information or to subscribe, visit us atCrunchedCredit.com. You can also sign up to receiveemail alerts...more
Originally published in eurofenix - Winter 2012/2013.
David Conaway looks at alternative sources of working capital in US and Canadian insolvencies.
It has been reported that Wal-Mart, the world’s largest retailer...more
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
In Re Northstar Aerospace -
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
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
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
This article briefly discusses the prohibition of indebtedness of shareholders, partners, Board Members, Managers and their relatives in Joint Stock Companies and Limited Liability Partnerships, under the Turkish Commercial...more
What do Stockton, San Bernardino and Mammoth Lakes,California have in common?
If you were thinking about warm weather, plenty of sunshine and the California lifestyle, you might be right, but that’s not the answer we’re...more
In This Issue:
Prometheus Rising: In Bancorp, the Battle Between “Claim” and “Inventive Concept” Continues; Prior Art Publications Entitled to Presumption of Enablement; Statements Made During...more
1 Issues Arising When a Company is in Financial Difficulties -
1.1 How does a creditor take security over assets in Canada?
Personal Property -
Personal Property Security Acts (“PPSA”) in force in all of...more
The hot month of July presents an occasion to review major regulatory developments during the first half of the year. In this report, we cover discrete topics we think will be of interest to our friends and clients. Links to...more
On July 9, 2012, the United States Court of Appeals for the Seventh Circuit significantly strengthened the potential ability of licensees to trademarks, international intellectual property, and other rights to continue to...more
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
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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