(Bankr. W.D. Ky. Apr. 26, 2016)

(S.D. Ind. Feb. 3, 2016)

(Bankr. S.D. Ind. Dec. 4, 2017)

The bankruptcy court grants the motion to dismiss, finding the defendant’s security interest in the debtor’s assets, including its inventory, has priority over the plaintiff’s reclamation rights. The plaintiff sold goods to the debtor up to the petition date and sought either return of the goods delivered within the reclamation period or recovery of the proceeds from the sale of such goods. Pursuant to 11 U.S.C. § 546(c), the Court finds the reclamation rights are subordinate and the complaint should be dismissed. Opinion below.

(Bankr. W.D. Ky. Apr. 22, 2016)

(Bankr. W.D. Ky. Sep. 16, 2016)

(Bankr. S.D. Ind. April 11, 2016)

(Bankr. W.D. Ky. Aug. 2, 2016)

(Sixth Circuit Apr. 7, 2016)

Presented as a major measure of the five-year French presidential term, the law “on growth and business transformation”, also known as the PACTE Act, came into force on May 24th, 2019. Amongst the changes that were brought, some of them deserve a particular focus.

Two phases of the reform. The PACTE Act revises the insolvency legal framework and mainly empowers the executive to directly implement the EU insolvency directive and to reform the law on security interests within a period of two years.

The first phase of the reform

Court Acceptance of Petition for Corporate Reorganization