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Bankruptcy appellate panel for Eighth Circuit reaffirms it is not the forum for debtors in pending bankruptcy cases to take second bite at the apple

Last week, the 8th Circuit B.A.P. affirmed, first noting that criminal judgments, including restitution awards and liens, are afforded special protection from bankruptcy discharge.

USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Bankruptcy discharge, Eighth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
Euroresource--deals and debt (January 2014)

Recent Developments

Canada, European Union, Spain, United Kingdom, USA, Derivatives, Insolvency & Restructuring, Litigation, Projects & Procurement, Jones Day, Bond (finance), Hedge funds, Liquidation, Supreme Court of the United States, Second Circuit
Euroresource--deals and debt

Recent Developments

Global, Arbitration & ADR, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Shareholder, Joint-stock company, Third Circuit
Second Circuit ruling appears to limit ability of U.S. Bankruptcy Courts to assist foreign debtors

 

 

USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Discovery, US Code, Title 11 of the US Code, Second Circuit, United States bankruptcy court
Euroresource--deals and debt

Recent developments

Netherlands, Spain, United Kingdom, USA, Banking, Capital Markets, Company & Commercial, Employee Benefits & Pensions, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, Public company, Shareholder, Amicus curiae, Debt, Articles of association, Fonds monétaire international, Second Circuit
Germany—in October 2012, the German Federal Labour Court (Bundesarbeitsgericht) rejected an attempt by the acquirer of an insolvent company to circumvent European transfer of undertaking rules.

The acquirer attempted to contractually transfer employees to a so-called "transitional company" (Transfergesellschaft) for a few hours only. The employees involved had previously signed five different employment offers presented by the acquirer, some of them limited, some unlimited in time. The acquirer subsequently accepted one of the offers, which was a fixed term contract.

Germany, Employment & Labor, Insolvency & Restructuring, Litigation, Jones Day, Federal Labour Court of Germany
Euroresource--deals and debt

Recent Developments

Argentina, Germany, Macau, United Kingdom, USA, Insolvency & Restructuring, Litigation, Tax, Jones Day, Debtor, Debt, HM Treasury (UK)
Euroresource--deals and debt

Europe, the U.S. and Canada—On 7 May 2013, the US Bankruptcy Court for the District of Delaware denied a motion by European creditors of Nortel Networks Corp. ("Nortel") to certify a direct appeal to the U.S. Court of Appeals for the Third Circuit of the bankruptcy court's 3 April 2013 ruling (Inre Nortel Networks, Inc., Case No. 09-10138 (KG), 2013 BL 92666 (Bankr. D. Del. Apr.

USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Jones Day, Debt, Liability (financial accounting), Balance sheet, Insolvency Act 1986 (UK), United States bankruptcy court
Second Circuit establishes relevant time period for center of main interests determination under chapter 15 of the Bankruptcy Code

 

In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir.

British Virgin Islands, USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Liquidation, Title 11 of the US Code, Second Circuit, United States bankruptcy court, Fifth Circuit
EuroResource--deals and debt

Recent Developments

Argentina, Cyprus, France, United Kingdom, USA, Banking, Insolvency & Restructuring, Litigation, Tax, Jones Day, Bond (finance), Hedge funds, Debt, Default (finance), UNCITRAL, Second Circuit