Northern Mariana Islands Retirement Fund Files For Bankruptcy [Video] by Bloomberg Law on 4/25/2012 April 25 (Bloomberg Law) -- Bloomberg Law's Lee Pacchia talks with Bloomberg News bankruptcy columnist and editor-at-large Bill Rochelle at the American Bankruptcy Institute's Annual Spring Meeting in Washington DC about a...more
The Connecticut Bankruptcy Beat - March 2012 by Pullman & Comley, LLC on 3/19/2012 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
Qimonda Ruling Protects Licensees of U.S. Patents, Holding that Application of German Insolvency Law to Cancel Licenses is... by Ropes & Gray LLP on 11/9/2011 In a case of first impression, a U.S. bankruptcy court charged with enforcing the rights of a foreign insolvency administrator against assets in the United States has held that foreign insolvency law may not be invoked to...more
The adoption of the UNCITRAL Model Law on Cross-Border Insolvency: its potential impact on Australia's cooperation and... by Greg Lewis on 9/16/2011 An assessment of the potential impact of Australia's adoption of the UNCITRAL Model Law on Cross-Border Insolvency...more
Not all Bankruptcy “Core” Proceedings are Created Equal: A Limitation on State Law Lender Liability Claims in Bankruptcy Court... by Katten Muchin Rosenman LLP on 9/16/2011 The scenario has become all too familiar in recent years: a borrower defaults on a loan and, when the lender pursues the loan collateral through foreclosure or other proceedings, the borrower files for bankruptcy protection....more
Seventh Circuit Disagrees with Third on Selling Collateral Without Credit Bidding in a Cramdown: Rule of Philly Papers Rejected by Patterson Belknap Webb & Tyler LLP on 8/15/2011 The Bankruptcy Code provides that a Chapter 11 plan of reorganization may be confirmed over the opposition of a class of secured creditors whose secured claims are not being paid in full only if it provides one of the...more
Partial “Dirt-for-Debt” Plans in Chapter 11: the “Indubitable Equivalence” Debate by Poyner Spruill LLP on 8/8/2011 One consequence of the depressed real estate market has been numerous Chapter 11 bankruptcy cases wherein the debtor seeks confirmation of a “dirt-for-debt” plan. In such a plan, instead of paying the secured creditor the...more
July 2011: Bankruptcy Litigation Update by Quinn Emanuel Urquhart & Sullivan, LLP on 7/23/2011 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 by Mintz Levin on 7/5/2011 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 by Yves Klein on 5/13/2011 A description of Swiss law on the recognition of foreign trusts and of tools available under Swiss law to challenge them....more
Chapter 15 Emerging Trends: Creditors' Rights, Multinational Groups by Selinda A Melnik on 2/1/2011 US Bankruptcy Code Chapter 15, which incorporates the United Nations Model Cross-Border Insolvency Law, became effective October 2005. Designed to assist non-US proceedings in need of enforcement within the United States,...more
Section 2(a)(iii) of the ISDA Master Agreement - the latest case before the English courts still conflicts with the position of... by Bryan Cave on 1/31/2011 Introduction Lomas and others (together the Joint Administrators of Lehman Brothers International (Europe) (in administration)) v JFB Firth Rixson, Inc. and others and ISDA as intervenor (2010) required the English High...more
Milavetz v. United States Amicus Brief of National Association of Consumer Bankruptcy Attorneys, Connecticut Bar Association, Brennan Center for Justica and... by Marc S. Stern on 9/1/2009 This brief amici curiae supporting Petitioners Milavetz, Gallop & Milavetz, P.A., et al., is filed by two bar associations (the Connecticut Bar Association (“CBA”) and the National Association of Consumer Bankruptcy...more
Milavetz, Gallop & Milavetz v. United States Brief for Petitioners by Marc S. Stern on 8/25/2009 Petitioners Robert Milavetz and Barbara Nevin are attorneys who provide bankruptcy ad-vice and counseling to clients. They practice as part of petitioner law firm Mi-lavetz, Gallop, and Milavetz, P.A. Petitioners Ronald and...more
Insolvenzrecht - Neues Gesetz bezüglich der Fortführung von Unternehmen in Zahlungsschwierigkeiten.pdf by Kocks & Partners Rechtsanwälte Belgien on 3/31/2009 Mit dem neuen Gesetz vom 31. Januar 2009 über die Kontinuität von Unternehmen soll Unternehmen, die sich in Zahlungsschwierigkeiten befinden, die Möglichkeit gegeben werden, ihre Zahlungsprobleme zu überwinden. Bisher...more