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Section 363 of Title 11 of the United States Code (“Bankruptcy Code”) authorizes trustees (and Chapter 11 debtors-in-possession) to use, sell, or lease property of a debtor’s bankruptcy estate outside of the ordinary course of business upon bankruptcy court approval. Some of the key benefits for purchasers are the ability to purchase assets free and clear of liens under Section 363(f) and obtain protections from adverse consequences of any appeal under Section 363(m).

You have been served” – the famous phrase uttered by process servers everywhere, may never be heard by a bankruptcy defendant.

Why?

2017年1月07日,在《人民法院报》最新公布的 “2016年度人民法院十大民事行政案件”中,金杜律师事务所代理的江苏舜天船舶股份有限公司(简称“舜天船舶”)破产重整案名列其中。该案不仅是适用最高人民法院和证监会之间会商机制的首个案例,也是上市公司重整同时完成重大资产重组的首个案例,在案件处理的参考性以及对于市场和社会的整体影响方面均意义重大。每年由《人民法院报》编辑部评出的十大案件均为在过去一年中全国各级法院审判的具有重大社会影响力、案情疑难复杂或审判结果有重大突破和借鉴作用的典型案件。

舜天船舶是一家从事船舶和非船舶贸易的国有控股上市公司。受航运及船舶市场持续低迷的影响,自2014年起舜天船舶的经营危机和债务危机开始显现,且日趋严重,渐至资不抵债,面临严峻的退市风险。最终舜天船舶于2016年2月5日被南京市中级人民法院(简称“南京中院”)裁定进入破产重整程序。南京中院通过公开选任方式,经过层层选拔,最终确定金杜为本案管理人,负责开展相关重整工作。

At the end of my October blog post, Dear Debtor, You Said I was Your First Priority, a VIP!, I suggested that you might want to join a “support group” called the “Official Committee of Unsecured Creditors” (fondly referred to as the OCC or GUCCs), if you felt angry or depressed about your unsecured claim status. Admittedly, I may have led you astray.

In my May 26th post, I raised several questions that unsecured creditors in any Chapter 11 case should know the answers to and take action where appropriate. One of those questions is “Am I entitled to priority payment?” This is also important to answer in a Chapter 7 case.

The results are in!

As I mentioned in my May 25th blog post, Curtis James Jackson III, better known as rapper 50 Cent (“Jackson”) was scheduled for his bankruptcy confirmation hearing yesterday (July 6th).

In my May 26th post, I raised several questions that unsecured creditors in any Chapter 11 case should know the answers to and take action where appropriate.

In my May 26th post, I raised several questions that unsecured creditors in any Chapter 11 case should know the answers to and take action where appropriate.

In my May 26th post, I raised several questions that unsecured creditors in any Chapter 11 case should know the answers to and take action where appropriate.