Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    OW Bunker Global Overview: USA
    2016-07-27

    The collapse of marine fuel trader OW Bunker & Trading A/S (“OW Bunker”) and its affiliates, in November 2014, has resulted in a blizzard of legal proceedings in the United States. Bunker suppliers and creditors of insolvent OW Bunker entities have sought to secure their claims by arresting vessels or proceeding directly against vessel owners and operators who contracted with OW Bunker entities to supply their vessels with bunkers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP, Bankruptcy, Injunction, Subject-matter jurisdiction, Admiralty law, In rem jurisdiction, Second Circuit, United States bankruptcy court, Fifth Circuit, US District Court for the Southern District of New York
    Authors:
    John Keough
    Location:
    USA
    Firm:
    Clyde & Co LLP
    Stern and the Challenges of Armchair Originalism
    2016-07-06

    Plenty of ink has been spilled about how to apply the U.S. Supreme Court’s decision in Stern v. Marshall and the line of cases in which it sits. It is a challenging body of law for many reasons, but perhaps the most difficult reason is that the Court indicated that the scope of power that bankruptcy courts may be given today must be defined by reference to beliefs about the scope of judicial and other governmental powers at the time of the country’s founding, when divisions of governmental power were embedded in the U.S. Constitution.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Weil Gotshal & Manges LLP, Bankruptcy, Consideration, Common law, Admiralty law, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    When Rule B attachment will not help
    2013-06-11

    Since 2008, the shipping market (in particular, the bulker market) has been badly affected by a decreased demand for shipping, largely due to the global financial crisis. To date, the shipping market is struggling, and claims for unpaid charter hire continue to surface along with the traditional assortment of other claims that arise between contracting parties.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Blank Rome LLP, Admiralty law, Second Circuit
    Authors:
    William R. Bennett III
    Location:
    USA
    Firm:
    Blank Rome LLP
    Third Circuit Court of Appeals Upholds Carrier’s “Extended” Maritime Possessory Liens
    2016-05-09

    Summary of Holding

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Cozen O'Connor, Common law, Admiralty law, Third Circuit
    Authors:
    Mark E. Felger , Simon E. Fraser
    Location:
    USA
    Firm:
    Cozen O'Connor
    O.W. Bunker Litigation in the United States: Contract Supplier and its Assignee have Enforceable Maritime Liens
    2016-04-19

    In our previous update concerning OW Bunker litigation in the United States, we discussed orders issued by the United States District Court for the Eastern District of Louisiana in which the court held that a physical supplier of bunkers did not have an enforceable maritime lien against a vessel.  Valero Marketing and Supply Co. v. M/V ALMI SUN, No. 14 Civ. 2712 (NJB) (E.D. La. decided Dec. 28, 2015 and Feb.

    Filed under:
    USA, Louisiana, Banking, Insolvency & Restructuring, Litigation, Shipping & Transport, Montgomery McCracken Walker & Rhoads LLP, Admiralty law
    Authors:
    Robert E. O’Connor
    Location:
    USA
    Firm:
    Montgomery McCracken Walker & Rhoads LLP
    Spotlight on Sotomayor Second Circuit bankruptcy rulings
    2009-09-30

    On Thursday, August 6, 2009, the United States Senate confirmed Justice Sonia Sotomayor to the Supreme Court of the United States. As a former Judge on the Court of Appeals for the Second Circuit, Judge Sotomayor’s jurisprudence includes a number of decisions involving noteworthy bankruptcy cases. This article provides a brief survey of these decisions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Shareholder, Debtor, Security (finance), Fraud, Admiralty law, In rem jurisdiction, Securities fraud, US Securities and Exchange Commission, US Senate, Sarbanes-Oxley Act 2002 (USA), Supreme Court of the United States, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    OW Bunker Dilemma
    2016-06-08

    Who to pay when the bunker supplier becomes insolvent

    1. Introduction

    Filed under:
    United Arab Emirates, United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, STA Law Firm Ltd, Admiralty law, Title retention clause, ING Group
    Location:
    United Arab Emirates, United Kingdom
    Firm:
    STA Law Firm Ltd
    OW Bunker Global Overview: USA
    2016-07-27

    The collapse of marine fuel trader OW Bunker & Trading A/S (“OW Bunker”) and its affiliates, in November 2014, has resulted in a blizzard of legal proceedings in the United States. Bunker suppliers and creditors of insolvent OW Bunker entities have sought to secure their claims by arresting vessels or proceeding directly against vessel owners and operators who contracted with OW Bunker entities to supply their vessels with bunkers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP, Bankruptcy, Injunction, Subject-matter jurisdiction, Admiralty law, In rem jurisdiction, Second Circuit, United States bankruptcy court, Fifth Circuit, US District Court for SDNY
    Authors:
    John Keough
    Location:
    USA
    Firm:
    Clyde & Co LLP
    Australian Court recognises Foreign Maritime Liens
    2016-01-04

    Until now the 1981 English case of The Halcyon Isle has been the principle authority on maritime liens and conflict of laws in Anglo-Common law jurisdictions. In that case, which was on appeal from the Singapore courts, the majority of the Privy Council held that the recognition and enforcement of maritime liens were to be determined according to the law of the forum in which the proceedings were commenced (i.e. the lex fori).

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP, Conflict of laws, Common law, Admiralty law
    Location:
    Australia
    Firm:
    Clyde & Co LLP
    The “SANKO MINERAL” – claim in rem issued following a court order to sell vessel held to be valid
    2015-02-10

    A party with a statutory right to an admiralty claim in rem, which had issued its claim after the Admiralty court had ordered the sale of a vessel, did not lose its right to enforce the  claim1. The claim in rem could be enforced against the sale proceeds provided that the person  liable in personam was the beneficial owner of the sale proceeds.

    Facts

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP, Admiralty law, In rem jurisdiction
    Location:
    South Africa
    Firm:
    Clyde & Co LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Current page 2
    • Page 3
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days