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    Court clarifies whether immunity from suit extends to an examinee questioned under section 236 of the Insolvency Act 1986
    2021-09-17

    The Court of Appeal has overturned a decision of the High Court on whether immunity from suit, generally afforded to participants in court proceedings, extends to an examinee during an examination conducted under section 236 of the Insolvency Act 1986 ("Section 236").

    Filed under:
    United Kingdom, Scotland, England & Wales, Insolvency & Restructuring, Litigation, Brodies LLP, Defamation, Countervailing duties, Liquidation, Liquidator (law), Winding-up, Insolvency Act 1986 (UK), High Court judge (England and Wales), Court of Appeal of England & Wales
    Authors:
    Andrew Scott
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    COMI: new developments for offshore liquidators
    2010-05-14

    National interests play a distinct part in application of the UNCITRAL model law on cross-border insolvency.  

    The Model Law  

    Filed under:
    Cayman Islands, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Defamation, Liquidation, Liquidator (law), UNCITRAL, Bear Stearns, Uniform Act, United States bankruptcy court
    Location:
    Cayman Islands, USA
    Firm:
    Ogier
    Linking to blog in email treated as “publication” in defamation claim
    2010-04-02

    In an unusual decision, the U.S. Bankruptcy Court for the Southern District of Texas found that emailing hyperlinks directing others to view a third-party’s blog is a sufficient “publication” to sustain a defamation claim under state law.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Internet & Social Media, Litigation, Media & Entertainment, Holland & Knight LLP, Debtor, Fraud, Defamation, Online service provider, Bench trial, US Congress, US Code, Communications Decency Act 1996 (USA), United States bankruptcy court, US District Court for Southern District of Texas
    Location:
    USA
    Firm:
    Holland & Knight LLP
    House Committee on Financial Services holds hearing on Lehman Bankruptcy examiner’s report
    2010-04-26

    On April 20, the House Committee on Financial Services held a hearing to discuss public policy issues raised by last month’s report of court-appointed bankruptcy examiner for Lehman Brothers Holdings Inc. (Lehman Brothers), Mr. Anton R. Valukas. The Committee heard testimony from the following witnesses:

    Panel One:

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Audit, Board of directors, Accounting, Defamation, Balance sheet, US Securities and Exchange Commission, Federal Reserve (USA), FSAB, US House Committee on Financial Services, Chair of the Federal Reserve, Lehman Brothers, Ernst & Young, Chief executive officer
    Authors:
    Dianne Trenholm
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Court blocks sealing of preference defendants’ financial records
    2011-05-06

    Reprinted with permission from the May 6, 2011 issue of The Legal Intelligencer © 2010 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

    Over the last 12 months there has been a substantial increase in the number of preference recovery actions filed. The irony created by the current economic environment is that many such defendants are themselves financially distressed and unable to fully satisfy any judgment that might be rendered against them.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Fiduciary, Discovery, Defamation, The Legal Intelligencer, US Code, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Francis J. Lawall , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper
    Stern v. Marshall
    2011-06-27

    The Supreme Court recently issued its opinion in Stern v. Marshall (Stern), Case No. 10-179, 2011 WL 2472792 (U.S. June 23, 2011), invalidating the relatively common assumption that so called “core” bankruptcy proceedings are all matters in which the bankruptcy courts are permitted to enter final judgment, and undoubtedly fostering heightened jurisdictional scrutiny in the future.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Locke Lord LLP, Bankruptcy, Tortious interference, Defamation, Common law, US Congress, US Constitution, Article III US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Rick Kuebel, III , David W. Wirt
    Location:
    USA
    Firm:
    Locke Lord LLP
    Supreme Court decides "Anna Nicole Smith bankruptcy case": Stern v. Marshall
    2011-06-23

    On June 22, 2011, the Supreme Court decided Stern v. Marshall, No. 10-179, holding that the Bankruptcy Court had the statutory authority under 28 U.S.C. § 157(b)(2)(C) to enter judgment on a counterclaim that the bankruptcy estate of Vickie Lynn Marshall (a/k/a Anna Nicole Smith) asserted against E.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Faegre Baker Daniels LLP, Bankruptcy, Fraud, Tortious interference, Defamation, Remand (court procedure), Title 11 of the US Code, US Constitution, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Charles F. Webber
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP
    A shock to the core: the Supreme Court pries jurisdiction away from the bankruptcy courts on counterclaims to proofs of claim, and possibly more
    2011-06-28

    On Thursday, the Supreme Court in a 5-4 decision ruled in Stern v. Marshall[1] that the congressional grant of jurisdiction to bankruptcy courts to issue final judgments on counterclaims to proofs of claim was unconstitutional. For the litigants, this decision brought an end to an expensive and drawn out litigation between the estates of former Playboy model Anna Nicole Smith and the son of her late husband, Pierce Marshall, which Justice Roberts writing for the majority analogized to the fictional litigation in Charles Dickens’ Bleak House.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Defamation, Standard of review, Constitutionality, US Congress, Title 11 of the US Code, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Geraldine Ann Freeman , Michael M. Lauter
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    The Supreme Court holds unconstitutional a key provision of the Bankruptcy Code
    2011-07-05

    On June 23, 2011, the Supreme Court handed down a 5-4 decision in the Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Haynes and Boone LLP, Bankruptcy, Defamation, Constitutionality, Dissenting opinion, Bench trial, Jury trial, Majority opinion, US Federal Government, US Congress, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Robin E. Phelan , Scott Everett , Stephen Manz , John D. Penn
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Stern v. Marshall – Supreme Court limits the scope of bankruptcy courts’ core jurisdiction
    2011-07-01

    Introduction

    On June 23, 2011, after fifteen years of hugely acrimonious litigation, the Supreme Court of the United States (the “Court”) issued a decision on a narrow legal issue that may end up significantly limiting the scope of bankruptcy courts’ core jurisdiction.  

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Punitive damages, Bankruptcy, Tortious interference, Defamation, Constitutionality, US Congress, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, US District Court for Central District of California, United States bankruptcy court
    Authors:
    Alan W Kornberg , Stephen J. Shimshak , Brian S. Hermann
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP

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