Commercial Law & Contracts, International Law & Trade, Bankruptcy

Q&A With Morrison & Foerster's Gary Lee

by Morrison & Foerster LLP on 5/17/2013

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

Bond is Back

by Jonathan Bloom, James Douglas, Mike Goetz, Tony Horspool, Michael Kazakevich, Daniel Martin, W. Jane Rogers | Ropes & Gray LLP on 5/17/2013

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

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

Tax Talk -- Volume 6, No. 1 -- April 2013

by David de Ruig, Stephen Feldman, David Goett, Thomas Humphreys, Meimay Law, Anna T. Pinedo, Remmelt Reigersman | Morrison & Foerster - State + Local Tax... on 4/30/2013

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

Second Circuit Establishes Relevant Time Period for "Center of Main Interests" Determination Under Chapter 15 of the Bankruptcy...

by Rosanne Ciambrone, Rudolph J. Di Massa Jr, William Heuer, Ron Oliner | Duane Morris LLP on 4/29/2013

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

Energy Newsletter - April 2013

by King & Spalding on 4/15/2013

In This Issue: - TRANSACTIONAL: - Project Development/FinanceKey Considerations in Energy Take-or-Pay Contracts - Upstream - Russia and former republics Unconventional Russia - Bankruptcy:...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

Can't You Hear Me Knocking? The Dreaded Preference Demand

by David Conaway | Shumaker, Loop & Kendrick, LLP on 4/9/2013

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

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

Chinese Auto Parts Maker Buys A123 Systems

by Bruce Goodman | Varnum LLP on 3/6/2013

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

Vitro Update: “Savings Clause” Fails to Save Vitro Subsidiaries From Involuntary Bankruptcy

by David E. Kronenberg, Casey Servais | Cadwalader - Financial Restructuring on 2/28/2013

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

Crunched Credit - January 2013

by Matthew Clark, Rick Jones, Laurie Nelson | Dechert LLP on 1/14/2013

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

“Neither a borrower nor a lender be”

by David Conaway | Shumaker, Loop & Kendrick, LLP on 1/10/2013

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

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

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

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

"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

Prohibition of Indebtedness in Joint Stock Companies and Limited Liability Partnerships

by Burak Kepkep on 10/18/2012

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

Local Governments Facing Tough Times, Bankruptcy

by Robert Freedman - Partner at Tharpe & Howell,... on 10/3/2012

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

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

ICLG: The International Comparative Legal Guide to: Corporate Recovery and Insolvency 2012: Chapter 10: Canada

by Dickinson Wright on 8/20/2012

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

Noteworthy Now: Sutherland Insurance Regulatory Mid-Year Review - July 20, 2012

by Sutherland Asbill & Brennan LLP on 7/20/2012

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

Seventh Circuit Strengthens Protection for IP Licenses in Bankruptcy

by Ropes & Gray LLP on 7/12/2012

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 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

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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Commercial Law & Contracts › International Law & Trade › Bankruptcy