On August 2, 2012, in the case ofIn re MBS Management Services, Inc.,1 the Court of Appeals for the Fifth Circuit ruled that a retail electricity agreement with a real estate management company constituted a forward contract protected by the “safe harbor” provisions of the U.S. Bankruptcy Code (“Bankruptcy Code”).
USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Real Estate, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Safe harbor (law), Fifth Circuit
Introduction
On June 23, 2011, after fifteen years of hugely acrimonious litigation, the Supreme Court of the United States (the “Court”) issued a decision on a narrow legal issue that may end up significantly limiting the scope of bankruptcy courts’ core jurisdiction.
USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Punitive damages, Bankruptcy, Tortious interference, Defamation, Constitutionality, US Congress, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, US District Court for Central District of California, United States bankruptcy court
Background
United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Costs in English law, Abuse of process, Solicitor, Debt, Liquidation, Liquidator (law), Honda, Insolvency Act 1986 (UK)
Introduction
USA, Environment & Climate Change, Insolvency & Restructuring, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Contamination, Pollution, Bankruptcy, Debtor, Injunction, Breach of contract, Liability (financial accounting), Bankruptcy discharge, Supreme Court of the United States, Third Circuit, Sixth Circuit