Depending on the nature of its business, a debtor may encounter issues associated with the Perishable Agricultural Commodities Act (“PACA”), a statue designed to protect sellers of perishable produce. Recently, in Kingdom Fresh Produce, Inc. v.
Forgot to Get a Court Order Approving a Postpetition Loan? It May Not Matter
In a chapter 15 decision, In re Daebo International Shipping Co., Judge Michael E.
Chapter 15 of the Bankruptcy Code was introduced more than ten years ago to “to provide effective mechanisms for dealing with cases of cross-border insolvency.” It incorporates the Model Law on Cross-Border Insolvency (the “Model Law”) promulgated by the
It is widely known that one of the basic tenets of U.S.
By the authority of the Heavenly Court, and by the authority of the earthly court, we hold it permissible to pray with those who have transgressed… — Kol Nidrei (Preamble)
Two recent decisions from the District Court for the Southern District of New York have renewed interest in the Trust Indenture Act and the ability of minority bondholders to use it as a shield to protect its rights in an out-of-court nonconsensual restructuring: Marblegate Asset Management, LLC v.
Attorney. Counselor. Advisor. As “the last bastion of the generalist,” the role of the restructuring attorney takes various forms and requires a restructuring attorney to wear many different hats – at times acting both as lawyer and business advisor. This combination of business and law is very often what draws professionals to the practice area in the first place. The line, however, between business and legal advisor is often blurry and imprecise, and a recent
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