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    Creditors petitioning for bankruptcy beware: absconding bankrupts may walk free after staying away from Hong Kong for 4 years
    2015-11-17

    Dispute Resolution Beijing/Hong Kong/Shanghai Client Alert Creditors Petitioning for Bankruptcy Beware: Absconding Bankrupts May Walk Free After Staying Away from Hong Kong for 4 Years Recent developments The Hong Kong Court of Final Appeal (“CFA”)1 has ruled unconstitutional a provision under the Bankruptcy Ordinance (“Ordinance”) that prevents the period of bankruptcy from commencing when a bankrupt is not in Hong Kong.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Constitutionality
    Location:
    Hong Kong
    Firm:
    Baker McKenzie
    The CFA rules section 30A(10)(a) of the Bankruptcy Ordinance unconstitutional
    2015-12-28

    Official Receiver v Zhi Charles, formerly known as Chang Hyun Chi, and Joint and Several Trustees of the Estate of Chan Hyun Chi, the Bankrupt (FACV 8/2015)

    Filed under:
    Hong Kong, Capital Markets, Insolvency & Restructuring, Litigation, Kennedys Law LLP, Bankruptcy, Constitutionality
    Authors:
    Rudy Chung , Mark West , Kevin Yam , Jasmine Tse
    Location:
    Hong Kong
    Firm:
    Kennedys Law LLP
    Alitalia/Air One merger in constitutional limbo
    2009-06-05

    Italian Decree 134/2008, which suspended competition law for crisis buyouts, thereby allowing the merger of Alitalia and Air One, has been called into question following a claim of unconstitutionality brought by consumer association Federconsumatori, Italian airline Meridiana, its subsidiary Eurofly and the province of Milan. The question of whether the Decree potentially violates Article 3 on equal treatment and Article 41 on freedom of economic activity has now been referred to the Italian Constitutional Court.

    Filed under:
    Italy, Aviation, Competition & Antitrust, Insolvency & Restructuring, McDermott Will & Emery, Constitutionality, Subsidiary
    Location:
    Italy
    Firm:
    McDermott Will & Emery
    Timeframe for filing proof of claim in bankruptcy found unconstitutional
    2012-06-12

    Background
    Decision
    Comment


    The First Chamber of the Supreme Court recently handed down a decision dealing with the constitutionality of one of the timeframes set by the Bankruptcy Law for filing a proof of claim in bankruptcy proceedings.

    Background

    Filed under:
    Mexico, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Bankruptcy, Constitutionality
    Authors:
    Luis Enrique Graham Tapia
    Location:
    Mexico
    Firm:
    Chadbourne & Parke LLP
    Millenium Lab Holdings - Ruling on Third Party Releases Highlights Continuing Constitutional Questions Regarding Power of Bankruptcy Courts
    2017-05-16

    In Millenium Lab Holdings, Delaware District Court Judge Leonard Stark, on an appeal from a bankruptcy court order confirming a plan of reorganization, recently upheld a challenge to the bankruptcy court’s constitutional authority to release claims against non-debtor third parties under the plan.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Constitutionality, US Congress, US Code, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    From the Top in Brief - July/August 2016
    2016-08-08

    The U.S. Supreme Court has handed down two rulings thus far in 2016 (October 2015 Term) involving issues of bankruptcy law. In the first, Husky Int’l Elecs., Inc. v. Ritz, 194 L. Ed. 2d 655, 2016 BL 154812 (2016), the Court addressed the scope of section 523(a)(2)(A) of the Bankruptcy Code, which bars the discharge of any debt of an individual debtor for money, property, services, or credit to the extent obtained by "false pretenses, a false representation, or actual fraud, other than a statement respecting the debtor’s or an insider’s financial condition."

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Bankruptcy, Debtor, Fraud, Federal Reporter, Debt, Debt relief, Constitutionality, Dissenting opinion, Bankruptcy discharge, Title 11 of the US Code, Supreme Court of the United States, Fifth Circuit, Third Circuit, Seventh Circuit, First Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    U.s. Supreme Court deems attorneys “debt relief agencies,” limiting certain pre-bankruptcy advice they can give clients and requiring additional disclosures
    2010-04-08

    Almost five years after the enactment of the Bankruptcy Abuse and Consumer Protection Act, the Supreme Court recently ruled in Milavetz, Gallop & Milavetz, P.A., et al v. United States that attorneys are “debt relief agencies” who are limited in their ability to provide pre-bankruptcy planning advice to consumers and obligating them to provide additional disclosures in their advertisements.

    Attorneys Are Debt Relief Agencies Under BAPCPA

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Bankruptcy, Consumer protection, Advertising, Debt, Debt relief, Consumer debt, Constitutionality, Refinancing, US Constitution, Eighth Circuit, Supreme Court of the United States
    Authors:
    Kenneth Corey-Edstrom , L. Kathleen Harrell-Latham
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd
    BAPCA provisions are not unconstitutional
    2010-05-24

    On May 18th, the Second Circuit, applying the Supreme Court's holding in Milavetz, Gallop & Milavetz, P.A. v. U.S., 130 S.Ct. 1324 (2010), reversed a trial court order finding that provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act that prohibit debt relief agencies from advising clients to incur more debt were overbroad and unconstitutional when applied to attorneys.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Winston & Strawn LLP, Bankruptcy, Consumer protection, Debt, Debt relief, Constitutionality, Supreme Court of the United States, Second Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Rhode Island statute allowing for the commutation of a solvent insurer's run-off business held constitutional
    2011-05-02

    On April 25, 2011, the Rhode Island Superior Court (Silverstein, J.) ruled in favor of the constitutionality of the Voluntary Restructuring of Solvent Insurers Act (the “Restructuring Act”), a state statute enacted in 2002 that allows Rhode Island domestic commercial insurers and reinsurers (including those that redomesticate to Rhode Island) to enter into a commutation plan for their run-off business.

    Filed under:
    USA, Rhode Island, Insolvency & Restructuring, Insurance, Litigation, Locke Lord LLP, Due process, Liability (financial accounting), Reinsurance, Economy, Constitutionality, US Constitution
    Location:
    USA
    Firm:
    Locke Lord LLP
    Supreme Court limits Bankruptcy Court jurisdiction over some claims
    2011-06-24

    The US Supreme Court has ruled in Stern v. Marshall (June 23, 2011) that a bankruptcy court lacks jurisdiction to render final judgment on a bankruptcy estate’s compulsory counterclaim against a creditor arising under common law, despite a statutory grant of jurisdiction.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Tortious interference, Constitutionality, Bench trial, Common law, Jury trial, US Congress, US Constitution, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Jordan A. Kroop , Stephen D. Lerner , Jeffrey A. Marks , Thomas J. Salerno
    Location:
    USA
    Firm:
    Squire Patton Boggs

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