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    Re Reynolds - Official Assignee v Wilson and another
    2009-02-23

    [2007] NZCA 122

    Decision of The Court Of Appeal of New Zealand on Sham and Alter Ego Trusts

    Facts and Decision  

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Real Estate, Ogier, Bankruptcy, Beneficiary, Mortgage loan, Standing (law), Legal burden of proof, Involuntary dismissal, Default (finance), Court of Appeal of England & Wales, Trustee
    Location:
    New Zealand
    Firm:
    Ogier
    Bankruptcy abroad - US creditors' rights remain relevant in Chapter 15
    2012-12-20

    With an increasing number of businesses operating without regard to borders in today’s global economy, the importance of understanding Chapter 15 — the Bankruptcy Code provisions instructing the cooperation between the United States and courts of foreign lands involved in cross-border insolvency cases — has never been greater. This advisory will touch on the scope of Chapter 15 and its attempt to balance comity and domestic legal policy, as highlighted in the recent Fifth Circuit Court of Appeals decision, Ad Hoc Group of Vitro Noteholders v. Vitro SAB de CV, No.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Bankruptcy, Comity, Title 11 of the US Code
    Authors:
    Eric R. Blythe
    Location:
    USA
    Firm:
    Mintz
    Are bankruptcy sales finally final?
    2011-07-08

    Since it was issued three years ago by the Ninth Circuit Bankruptcy Appellate Panel, the Clear Channel decision (Clear Channel Outdoor, Inc. v. Knupfer (In re PW, LLC), 391 B.R. 25 (9th Cir. B.A.P. 2008)) has been widely criticized as “an aberration in well-settled bankruptcy jurisprudence.” Before Clear Channel, conventional wisdom (and what most people perceived to be the law) supported the notion that a bankruptcy sale order that contained a good faith finding under Section 363(m) could not be disturbed on appeal.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Bankruptcy, Federal Reporter, Title 11 of the US Code, Eighth Circuit, Ninth Circuit, US District Court for Central District of California, United States bankruptcy court, Sixth Circuit, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Mintz
    First bankruptcy filed by a public pension fund
    2012-05-24

    On April 17, 2012, the Northern Mariana Islands Retirement Fund (the “Fund”) became the first United States public pension fund to seek formal bankruptcy protection. The Fund, which provides retirement benefits to government employees of the Commonwealth of the Northern Mariana Islands (the “Commonwealth”) a U.S. territory, listed $256 million in assets and $1 billion in liabilities and has alleged it will exhaust its claims paying ability by as early as 2014. ”

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mintz, Bankruptcy, US Department of Justice
    Authors:
    William W. Kannel , Eric R. Blythe
    Location:
    USA
    Firm:
    Mintz
    Supreme Court: bankruptcy courts cannot decide debtors’ state law counterclaims
    2011-06-30

    In a decision that may have significant practical implications to the practice of bankruptcy law, the U.S. Supreme Court recently declared, on constitutional grounds, that a bankruptcy court cannot exercise jurisdiction over a debtor’s state law counterclaims, thus considerably limiting the ability of the bankruptcy court to fully and finally adjudicate claims in a bankruptcy case. Stern v. Marshall, No. 10-179 (June 23, 2011).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Bankruptcy, Debtor, Tortious interference, Defamation, Exclusive jurisdiction, US Constitution, Article III US Constitution, Article I US Constitution, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Mintz
    Arbitration limitation: Ninth Circuit holds that a bankruptcy court may refuse to enforce an arbitration clause
    2012-05-21

    Clients often raise questions concerning the enforceability of arbitration clauses in bankruptcy proceedings. While this topic has been hotly debated for many years, a recent Ninth Circuit opinion, In re Thorpe Insulation Co., 671 F.3d 1011 (9th Cir. 2012), reminds us that arbitration clauses are not sacrosanct and can be struck down by the court.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Mintz, Bankruptcy, Breach of contract, Arbitration clause, Federal Arbitration Act 1926 (USA), US Congress, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Mintz
    Distressed claims trading: insider trading may lead to disallowance of bankruptcy claims and breach of fiduciary duties
    2012-01-09

    In a significant expansion of the potential risk for distressed claims traders, the Delaware bankruptcy court has recently ruled1 that traders who engage in insider trading may have their claims subordinated to equity, and that traders who amass claims sufficient to block a plan of reorganization owe fiduciary duties to all other creditors and shareholders during plan negotiations.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Mintz, Bankruptcy, Security (finance), Fiduciary, Insider trading, Bank holding company, United States bankruptcy court
    Authors:
    Paul J. Ricotta
    Location:
    USA
    Firm:
    Mintz
    The future of the Saab trademarks: trademarks in bankruptcy
    2011-12-20

    With the announcement today that the Swedish automaker Saab has filed for bankruptcy, we thought it timely to take a look at what happens to trademarks in the context of a bankruptcy proceeding.  SAAB is the owner of nearly 100 U.S.

    Filed under:
    USA, Insolvency & Restructuring, Trademarks, Mintz, Bankruptcy
    Authors:
    Susan Neuberger Weller
    Location:
    USA
    Firm:
    Mintz
    Supreme Court to Decide Whether Debtors Can Terminate a Licensee’s Rights to Trademarks under License Agreements
    2018-11-19

    The United States Supreme Court has agreed to address “[w]hether, under §365 of the Bankruptcy Code, a debtor-licensor’s ‘rejection’ of a license agreement—which ‘constitutes a breach of such contract,’ 11 U.S.C. §365(g)—terminates rights of the licensee that would survive the licensor’s breach under applicable nonbankruptcy law.” The appeal arises from a First Circuit decision, Mission Prod. Holdings, Inc. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Mintz, Bankruptcy, Debtor, Limited liability company, Election, SCOTUS, Federal Circuit
    Authors:
    Timothy J. McKeon
    Location:
    USA
    Firm:
    Mintz
    Primer for construction bankruptcies
    2011-12-07

    In general, a company has two bankruptcy alternatives: liquidation under Chapter 7 and reorganization under Chapter 11.

    Under Chapter 7, upon the filing of a bankruptcy petition, a trustee is appointed to gather and sell all of the debtor’s assets as quickly as possible. Once the trustee liquidates all of the assets, it must pay creditors in accordance with the priority scheme mandated by the Bankruptcy Code:

    Filed under:
    USA, Construction, Insolvency & Restructuring, Mintz, Bankruptcy, Debtor, Breach of contract
    Authors:
    Samuel M. Tony Starr
    Location:
    USA
    Firm:
    Mintz

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