The Barton doctrine provides that a court-appointed receiver cannot be sued absent “leave of court by which he was appointed.” Barton v. Barbour, 104 U.S. 126, 127 (1881).

Section 548 of the bankruptcy code authorizes a trustee, debtor, or other appropriate party to avoid actual and constructive fraudulent transfers that occurred prepetition. In order to prove that a transfer was an actual fraudulent transfer, the trustee (or another appropriate plaintiff) must prove that the debtor made the transfer “with actual intent to hinder, delay or defraud any entity to which to debtor was or became…indebted.” 11 U.S.C. §548(a)(1)(A).

An appeals court has issued an insightful decision on the availability of damages when an involuntary bankruptcy petition is filed in bad faith. See Stursberg v. Morrison Sund PLLC, No. 23-1186, 2024 U.S. App. LEXIS 20286 (8th Cir. Aug. 13, 2024).

The decision addresses both the interplay between Bankruptcy Code sections 303 and 305 and federal preemption of state law.

Under federal law, a debtor may be criminally prosecuted for various kinds of misconduct in connection with a bankruptcy case, including concealing assets, falsifying information, embezzlement, or bribery. See 18 U.S.C. §§ 152, 157. The U.S. Trustee, which serves as a watchdog over the bankruptcy process, will refer such cases to the U.S. Attorney’s Office for investigation and prosecution.

We have blogged previously about the intersection of fraud and bankruptcy.

In Harrington v. Purdue Pharma L.P., 144 S. Ct. 2071 (2024) (“Purdue”), the Supreme Court held that the Bankruptcy Code does not authorize nonconsensual releases of nondebtors as part of a chapter 11 plan. The Court narrowly read the Code’s language, providing that a plan may “include any other appropriate provision not inconsistent with the applicable provisions of this title,” 11 U.S.C.

This article originally appeared in The Bankruptcy Strategist.

To file bankruptcy in the U.S., a debtor must reside in, have a domicile or a place of business in, or have property in the United States. 11 U.S.C. §109(a). In cross border Chapter 15 cases, courts have considered if a foreign debtor must satisfy that jurisdictional test.

At a hearing in mid-March, the Delaware bankruptcy court held Camshaft Capital Fund, LP, Camshaft Capital Advisors, LLC, Camshaft Capital Management (collectively, “Camshaft”) and William Cameron Morton, principal of Camshaft, in civil contempt. The case is noteworthy because the court not only imposed monetary sanctions but also ordered civil confinement to compel Camshaft and Morton to comply with the court’s prior discovery order. The court issued a supplementary opinion on April 3, 2024, after Camshaft appealed.

To file bankruptcy in the U.S., a debtor must reside in, have a domicile or a place of business in, or have property in the United States. 11 U.S.C. § 109(a). In cross border chapter 15 cases, courts have considered whether a representative of a foreign debtor must satisfy that jurisdictional test.

引言

近期，香港高等法院正式颁布针对一家大型港股公司（“港股公司”）的清盘令并委任清盘人。这宗债项涉及约数十亿美元的清盘呈请终于落下帷幕，也成为香港有史以来涉及金额最大的清盘案件之一。不少客户均希望了解，香港法下这类清盘对债权人利益及权利之影响。我们将持续推出系列文章，为大家介绍有关内容。

案情简介

根据香港公司清盘法律规定，公司任何一位债权人、股东或公司本身均可通过向高等法院提交清盘呈请书发起针对该公司的强制清盘。就该案而言，数月前港股公司的一债权人入禀香港高等法院，对港股公司提起清盘呈请（“呈请”）。该清盘呈请提出后，历经多次聆讯及延期申请，香港高等法院最终针对港股公司颁布了清盘令。

债权人对清盘债务人的行动

一旦公司进入强制清盘程序，根据香港公司清盘法律规定，所有针对该公司的诉讼程序均会自动中止。该规定目的在于确保清盘程序的有序进行，公司资产不会被用于提起或辩护任何法律程序，以保护公司财产和债权人利益。