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    Dawn of a golden era - UAE declared as a reciprocating territory by the Central Government of India
    2020-01-22

    Prelude

    India and the United Arab Emirates (‘UAE’) have witnessed dynamic bilateral relations in the recent past. Leadership of both countries have endeavoured to bolster ties of the two economies which has aligned India to achieve its insatiable ambition of emerging as a USD 5 trillion economy.

    Filed under:
    India, United Arab Emirates, Arbitration & ADR, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Bankruptcy, Arbitration award
    Location:
    India, United Arab Emirates
    Firm:
    Clyde & Co LLP
    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
    Validity of mortgages established on vessels owned by company in bankruptcy
    2014-05-29

    On 21 October 2013, the financially troubled company Hainan PO Shipping applied for bankruptcy and winding up before the People’s Court of Hainan Yangpu Economic & Development Zone (“Yangpu Court”). The Yangpu Court approved the application on 31 October 2013, and the Court has since nominated the administrators of Hainan PO Shipping.

    Filed under:
    China, Insolvency & Restructuring, Litigation, Shipping & Transport, Clyde & Co LLP, Bankruptcy, Mortgage loan, State-owned enterprise
    Authors:
    Ik Wei Chong , Leslie Shen
    Location:
    China
    Firm:
    Clyde & Co LLP
    Ruling on Pipeline Agreements in Sabine Chapter 11 Case Indicates Battles That Lie Ahead in Energy Company Bankruptcy Cases
    2016-03-14

    U.S. Bankruptcy Judge Shelley Chapman ruled last week in the chapter 11 case of Sabine Oil & Gas that Sabine could utilize the U.S.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Some bankruptcy orders are final even if case is still pending
    2012-05-17

    IN RE: USA BABY, INC. (March 28, 2012)

    Scott Wallis owned 5% of USA Baby, Inc., a children's furniture franchisor. After its creditors forced it into reorganization, the bankruptcy trustee moved to convert the case to a liquidation. The bankruptcy judge agreed. Wallis moved twice for reconsideration. He alleged first that the trustee and franchisees committed fraud. He later argued that reorganization was possible if the franchisees paid fees that were due. The court denied his requests. Judge Lefkow (N.D. Ill.) affirmed. Wallis appeals.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Los Angeles Dodgers Chapter 11 - can they get Kirk Gibson admitted pro hac in Delaware?
    2011-07-01

    The Chapter 11 filing of the Los Angeles Dodgers is a desperate move by Frank McCourt to try to maintain his ownership of the team.  At least McCourt, whatever his shortcomings as a major league franchise owner, chose wisely in selecting bankruptcy lawyers.  Partners Bruce Bennett and

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Kelley Drye & Warren LLP, Bankruptcy, Debtor
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy court acted within discretion in concluding that trust did not meet the "adequate assurance of future performance" test
    2010-10-08

    IN RE: RESOURCE TECHNOLOGY CORP. (October 1, 2010)

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Natural gas, Board of directors, Legal burden of proof, Electricity, Contempt of court, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Delaware Bankruptcy Judge Rejects Effort to Circumvent Supreme Court’s Asarco Decision
    2016-02-09

    The Supreme Court’s decision last term in Baker Botts v. Asarco, in which the Court ruled that professionals that are paid from a debtor’s bankruptcy estate cannot be compensated for time spent defending their fee applications, continues to rankle bankruptcy practitioners.  Moreover, a recent decision in a Delaware bankruptcy case shows that the impact of Asarco will not be easily circumvented.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Madoff trustee gets call on borderline pitch - judge "skeptical" but does not dismiss claims against Mets' owners
    2012-03-05

    On the surface, Irving Picard, the trustee of Bernard L. Madoff Investment Securities LLC (“BLMIS”), had a very good day. Judge Jed S.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Looks like Fred Wilpon picked the wrong week to quit drinking
    2011-05-27

    The well known travails of Fred Wilpon, the principal owner of the New York Mets, have all converged this past week. He, his partner Saul Katz and their families and affiliated enterprises (the “Wilpon/Katz Group”) lost several hundred million dollars when Bernard Madoff’s long running Ponzi scheme finally unraveled at the height of the financial crisis in 2008.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Hedge funds, Liquidation, Good faith, Cashflow, Unsecured creditor, Lehman Brothers, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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