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Conflict of Laws Bankruptcy International Trade

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Distressed Download - July 2015

First Circuit Rules Bankruptcy Code Preempts Puerto Rico's Recovery Act - On Monday, July 6, the Court of Appeals for the First Circuit affirmed the February 6, 2015 order and injunction of the Puerto Rico District...more

Second Circuit Determines the Relevant Date for Determining a Chapter 15 Debtor’s “COMI”

by Morrison & Foerster LLP on

A. INTRODUCTION - Courts in the Southern District of New York and elsewhere have issued conflicting decisions regarding the appropriate time period to consider in determining a foreign debtor’s “center of its main...more

Bill on Bankruptcy: Who's to Blame for the Hostess Liquidation?

by Bloomberg Law on

Nov. 21 (Bloomberg) -- What did the Hostess Brands Inc. labor unions and management know about the company's imminent failure and when did they know it? That's the first topic for discussion on this week's Bloomberg...more

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

by Steven Loble on

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

Insolvenzrecht - Konkursanfechtungsrecht - Belgisches Konkursrecht

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

Time for a sharp Grexit?

by Chris Robinson on

Business implications of Greece leaving the Euro - would you get paid,and in what currency? What should you do if selling to Greece or if you have assets there? An English lawyer's perspective....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

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

An assessment of the potential impact of Australia's adoption of the UNCITRAL Model Law on Cross-Border Insolvency...more

Chapter 15 Emerging Trends: Creditors' Rights, Multinational Groups

by Selinda A Melnik on

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

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