Executive Summary
一、“集中管辖”概述
《中华人民共和国民事诉讼法》（下称“《民事诉讼法》”）中，对于“集中管辖”并无明确的规定，而在民事诉讼的司法实践中，存在许多被称为“集中管辖”的做法。实务中，“集中管辖”泛指将某类案件，依照《民事诉讼法》及其他法律法规的相关规定，以司法解释或者通知的形式，集中由某类法院或某个法院管辖的情形。
概括来说，“集中管辖”共分为如下三种情形：
（1）某类法院集中管辖某类案件，如依据《中华人民共和国企业破产法》（下称“《企业破产法》”）第二十一条的规定，破产案件中涉债务人的诉讼案件集中由受理破产申请的人民法院管辖，或者依据《全国法院审理债券纠纷案件座谈会纪要》（以下简称“《债券会议纪要》”）第十条的规定，以发行人或者增信机构为被告提起的要求依约偿付债券本息或者履行增信义务的合同纠纷案件，由发行人住所地人民法院管辖；
（2）某个法院集中管辖某一类型化案件，如各地金融法院集中管辖当地金融案件、各地知识产权法院集中管辖当地知识产权案件；
Over the past several years, unitranche facilities have become increasingly prevalent. This growth has been driven by the ever-growing class of private credit and direct lenders who initially developed the unitranche facility structure, along with traditional bank lenders now joining this market. The unitranche structure has several advantages, including typically quicker execution for the parties involved and in some cases a lower cost of capital to the borrower.
Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.
On February 13, 2023, Ultra Petroleum Corporation (“Ultra”) filed a petition for a writ of certiorari with the US Supreme Court seeking review of the Fifth Circuit’s October 2022 ruling that, in solvent-debtor cases, debtors must pay unsecured creditors applicable contractual make-whole premiums and postpetition interest at contractual default rates in order for such unsecured creditors to be considered unimpaired.
What’s an ABC? If you ask ChatGPT, “ABC” is an acronym that can have multiple meanings, depending on the context—for example, referring to the alphabet. But here we are talking about a type of business liquidation process in the United States known as an Assignment for the Benefit of Creditors (“ABC”). An ABC is governed by state law and has long been viewed as an alternative to a liquidation under Chapter 7 of the US Bankruptcy Code.
In a decision likely to have significant impact on certain types of bankruptcy filings going forward, this morning, the Third Circuit Court of Appeals ordered the dismissal of the Chapter 11 bankruptcy case filed by Johnson & Johnson affiliate LTL Management LLC.
On October 19th, the Wall Street Journal reported that the electric vehicle startup Mullen Automotive Inc., gained court approval to buy an Indiana manufacturing plant and assets from Electric Last Mile Solutions for $92 million. Such deal, which boosted Mullen’s share prices by 64%, includes Electric Last Mile Solutions’ manufacturing plant in Mishawaka, Indiana and its inventory and intellectual property.
"Credito Real is attempting to bypass Mexican and US insolvency laws and deploy a corporate liquidation statute with almost no protections for creditors.
In a recent opinion arising from the Chapter 11 proceedings of Arcapita Bank, Judge Alvin Hellerstein of the US District Court for the Southern District of New York affirmed a bankruptcy court decision denying safe-harbor protection to Shari’a-compliant Murabaha investment agreements.1 Specifically, the district court held that the Murabaha agreemen