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    Stay – Judgments Regulation
    2009-02-28

    In DHL GBS (UK) Ltd v Fallimento Finmatica Spa – Butterworths Law Direct 20.2.09 the Commercial Court gave its first decision on the issues dealt with by the ECJ in the Front Comor.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Injunction, Arbitration clause, Common Gateway Interface, Court of Justice of the European Union, High Court of Justice (England & Wales), Commercial Court (England and Wales)
    Authors:
    Sally-Ann S. Underhill
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Mead General Building Ltd v Dartmoor Properties Ltd
    2009-03-04

    Company Voluntary Arrangements or CVA’s

    Mead sought to enforce an adjudicator's decision of £332k. Dartmoor resisted on the basis that, as Mead was subject to a CVA, a stay should be granted on any judgment otherwise awarded to Mead. Mr Justice Coulson refused. There was no previous authority dealing with the point, but the Judge decided the following principles were relevant:  

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Fenwick Elliott Solicitors, Consideration, Capital punishment, Stay of execution
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors
    Freight
    2007-10-31

    In Samsun Logix Corporation v Oceantrade Corporation; Deval Denizeilik VE Ticaret A.S. v Oceantrade Corporation and another – Butterworths Law Direct 18.10.07 the Defendant in both cases was subject to Chapter 11 proceedings in the US.

    Filed under:
    United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Litigation, Shipping & Transport, Reed Smith LLP, Injunction, Solicitor, Charter-party, Chartering (shipping), Commercial Court (England and Wales)
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    5th Cir. Reverses Denial of Motion to Compel Arbitration in TILA Case
    2020-01-16

    The U.S. Court of Appeals for the Fifth Circuit recently reversed the denial of a lender’s motion to compel arbitration in an adversary bankruptcy proceeding for allegedly violating the federal Truth in Lending Act (TILA), holding that — despite conflicting clauses in two different relevant agreements — the parties had entered into a valid arbitration agreement that delegated the threshold issue of arbitrability to the arbitrator.

    Filed under:
    USA, Mississippi, Arbitration & ADR, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Truth in Lending Act 1968 (USA), Fifth Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Federal Court Upholds Client’s Arbitration Agreement, Finds It Is Enforceable and Not in Conflict with Bankruptcy Code
    2019-12-23

    In a recent decision, a bankruptcy court in Georgia enforced the arbitration agreement contained in a South Carolina consumer loan, holding that it is valid and enforceable, and that enforcement of it did not create an inherent conflict with the purposes of the Bankruptcy Code. 

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Debtor, Federal Arbitration Act 1926 (USA)
    Authors:
    Andrew W. Vail , Landon S. Raiford , Kevin J. Murphy
    Location:
    USA
    Firm:
    Jenner & Block LLP
    5th Cir. Holds Bankruptcy Discharge Violations Not Always Subject to Arbitration
    2019-10-29

    The U.S. Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order denying a bank’s motion to compel arbitration, holding that when a debtor seeks to enforce a discharge injunction, a bankruptcy court may decline to compel arbitration because it implicates a bankruptcy court’s ability to enforce its own orders.

    A copy of the opinion in Henry v. Educational Financial Service is available at: Link to Opinion.

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Student loan
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    To Arbitrate or Not to Arbitrate, That is the Question: Enforcing Arbitration Clauses in Bankruptcy
    2019-06-18

    The Federal Arbitration Act, 9 U.S.C. §§ 1-307, represents a federal policy in favor of enforcing arbitration clauses. The Supreme Court has held that courts are generally obligated to enforce arbitration clauses absent a countervailing federal statute. Shearson/Am. Express, Inc. v. McMahon, 482 U.S. 220, 226 (1987). However, this policy inevitably comes into conflict with the Bankruptcy Code, which is grounded on a policy of centralized dispute resolution. Congress has not offered any legislative guidance on how to reconcile these competing policies.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Kane Russell Coleman Logan PC, Title 11 of the US Code
    Authors:
    Paul Hammer
    Location:
    USA
    Firm:
    Kane Russell Coleman Logan PC
    A Short Primer on Farmer-Lender Mediation and Chapter 12 Farm Bankruptcies
    2019-06-03

    The national and local publications have been full of articles recently on the emerging agricultural crisis confronting producers. By some measures, sectors of the ag economy are in the third year of declining net farm incomes, and some dairy producers in particular appear to be in dire straits. In light of these events, now might be a good time for lenders to brush up on the most significant laws affecting their loan remedies in the event it becomes necessary to seek enforcement of their loans. Below are short summaries of two important laws affecting loan enforcement:

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Fredrikson & Byron PA
    Authors:
    Clinton E. Cutler , Steven R. Kinsella
    Location:
    USA
    Firm:
    Fredrikson & Byron PA
    Recent Developments in Bankruptcy Law, January 2019
    2019-01-30

    Recent Developments in Bankruptcy Law, January 2019 TABLE OF CONTENTS

    1. AUTOMATIC STAY....................... 1 1.1 Covered Activities ................... 1 1.2 Effect of Stay........................... 1 1.3 Remedies ................................ 1

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Jenner & Block LLP, Bankruptcy, Sovereign immunity
    Location:
    USA
    Firm:
    Jenner & Block LLP
    Creditors with Partially Disputed Claims Have Standing to File an Involuntary Bankruptcy
    2018-12-14

    Section 303 of the Bankruptcy Code provides a unique remedy to unsecured creditors seeking to collect their debts against an insolvent entity. A careful look at this remedy is contained in an earlier post, entitled Creditors’ Strategic Use of Involuntary Bankruptcy.

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, FisherBroyles LLP, Bankruptcy, Deferred compensation, IBM
    Authors:
    H. Joseph Acosta
    Location:
    USA
    Firm:
    FisherBroyles LLP

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