Second Circuit rules on timing of “Center of Main Interests” inquiry

Chapter 15 of the Bankruptcy Code is designed to provide an effective mechanism to aid insolvency proceedings in foreign countries that involve a foreign debtor with assets, creditors and other parties in interest located in the foreign country as well as in United States. A foreign representative that is authorized to administer the foreign reorganization or liquidation or act as a representative of the foreign proceeding is the party who applies to the US bankruptcy court for recognition of the foreign proceeding.

Filed under:
USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Liquidation, Title 11 of the US Code, Second Circuit, United States bankruptcy court
Authors:
Robert J. Malionek , Karen S. Goldstein
Location:
USA
Firm:
Latham & Watkins LLP
Circuit court reverses district court, upholds the bankruptcy court’s decision in TOUSA

Senior Transeastern Lenders v. Official Comm. Of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2012 US App. LEXIS 9796 (11th Cir. May 15, 2012)

Filed under:
USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Debt, Default (finance), United States bankruptcy court, Eleventh Circuit
Authors:
Mark A. Broude , Roger G. Schwartz , Karen S. Goldstein
Location:
USA
Firm:
Latham & Watkins LLP
Circuit court reverses district court, upholds the bankruptcy court’s decision in TOUSA

Senior Transeastern Lenders v. Official Comm. Of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2012 US App. LEXIS 9796 (11th Cir. May 15, 2012)

Filed under:
USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Debt, Default (finance), United States bankruptcy court, Eleventh Circuit
Authors:
Mark A. Broude , Roger G. Schwartz , Karen S. Goldstein
Location:
USA
Firm:
Latham & Watkins LLP