Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Revised form of Rule 2019 eliminates purchase price disclosures by committee members
    2011-05-11

    In chapter 11 bankruptcy cases, creditors and equity holders with common interests often find it advantageous to pool resources and form an ad hoc group or committee. Because the committee represents a larger amount of claims or interests, it speaks with more authority in the bankruptcy case, and the members are able to save money by sharing the cost of legal and financial advisors.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ropes & Gray LLP, Bankruptcy, Security (finance), Interest, Discovery, Option (finance), Hedge funds, Economy, US Congress, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Mark I. Bane , Alyson Gal Allen
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Supreme Court approves amendments to Bankruptcy Rule 2019: amendments likely to take effect on December 1, 2011
    2011-05-09

    On April 27, 2011, the United States Supreme Court approved certain amendments to Bankruptcy Rule 2019 requiring disclosures by certain creditors and equity holders in Chapter 11 cases. We expect that amended Rule 20191 (“Amended Rule 2019”) will take effect as a matter of law on December 1, 2011 unless in the interim Congress enacts legislation to reject, modify, or defer the rules, which we view as unlikely.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Debtor, Interest, Discovery, Debt, Leverage (finance), Distressed securities, US Congress, US House Committee on Rules, Supreme Court of the United States
    Authors:
    Jon Kibbe
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Court grants objection to interrogatory seeking information about other insureds' claims, denies objection regarding other claims noticed by the insured's affiliates
    2011-05-20

    A United States Magistrate Judge in the United States District Court for the Western District of North Carolina has denied a motion to compel discovery of all claims for which the insurer had denied coverage based on the desire of an insolvent insured to forfeit coverage.Lane v. Endurance American Specialty Insurance Co., 2011 WL 1791343 (W.D.N.C. May 10, 2011). The court granted, however, the plaintiff’s motion to compel the insurer to provide information about all other claims noticed under the policies at issue.

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Breach of contract, Discovery, Motion to compel, Admissible evidence, Bad faith, Subsidiary, Business ethics, Collusion
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Decision in DBSI delays motion for summary judgment
    2011-06-07

    Summary

    In an 11 page opinion published May 27, 2011, Judge Walsh granted a motion under F.R.C.P. 56(d) and quoted another opinion which says “where the facts are in possession of the moving party a continuance of a motion for summary judgment for purposes of discovery should be granted almost as a matter of course.” Judge Walsh’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Breach of contract, Federal Reporter, Discovery, Consideration, Liquidation, Federal Rules of Civil Procedure (USA), Trustee, Third Circuit
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    New Bankruptcy Rule 2019: mandatory disclosures for ad hoc committee members
    2011-06-21

    The United States Supreme Court recently submitted to Congress an amendment to Bankruptcy Rule 2019 dealing with disclosure by groups of hedge funds and other distressed investors in reorganization cases. Unless Congress blocks its passage, which is unlikely, the amendment will become effective on Dec. 1, 2011.1 As shown below, the new rule streamlines and clarifies what had become a frequently litigated disclosure process.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Bankruptcy, Shareholder, Debtor, Discovery, Hedge funds, Leverage (finance), Distressed securities, US Congress, Trustee, Supreme Court of the United States
    Authors:
    Michael L. Cook , David M. Hillman
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Decision in American Remanufacturers, Inc. holds that an agreement creating mutual obligations can provide a defense to a preference action
    2011-06-30

    Summary

    In a 56 page opinion published June 9, 2011, Judge Walsh ruled that a method of operating in which all of the credits and debits between two companies were netted out allows this same method to be used in calculating a set-off defense in preference litigation. Judge Walsh’s opinion is available here (the “Opinion”).

    Background

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Credit (finance), Debtor, Discovery, Debt, Trustee, Third Circuit, Court of equity
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Los Angeles asbestos court ramps up plaintiffs’ bankruptcy trust disclosure requirements
    2015-04-28

    Asbestos plaintiffs can seek damages in two independent compensation systems: by filing tort claims against solvent defendants and by filing claims with any of the dozens of asbestos bankruptcy trusts established under section 524(g) of the Chapter 11 Bankruptcy Code. These trusts, typically set up by plaintiffs’ attorneys after a defendant enters bankruptcy, exist to compensate injured workers or the families of deceased workers alleging asbestos exposure.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Wilson Elser, Bankruptcy, Discovery
    Authors:
    John E. Rosenthal , Nicolas P. Martin
    Location:
    USA
    Firm:
    Wilson Elser
    In re Louisiana Riverboat Gaming P’ship
    2014-01-16

    In In re Louisiana Riverboat Gaming P’ship (Global Gaming Legends, LLC v. Legends Gaming of Louisana-1, LLC) (“Global Gaming”), the United States Bankruptcy Court for the Western District of Louisiana stayed discovery in an adversary proceeding pending decision on a party’s motion to withdraw the reference to the district court, finding too much risk that the bankruptcy court would later be found to be without authority to handle pre-trial discovery for the “Stern-governed” core claims at issue. Adv. Proc. No. 13AP-1007 (Bankr. W.D. La. Jan. 10, 2014).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Debtor, Breach of contract, Discovery, Ninth Circuit, United States bankruptcy court
    Authors:
    Heather Byrd Asher
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Second Circuit ruling appears to limit ability of U.S. Bankruptcy Courts to assist foreign debtors
    2013-12-17

     

     

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Discovery, US Code, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    William C. Heuer , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner , Gerard S. Catalanello , James J. Vincequerra
    Location:
    USA
    Firm:
    Duane Morris LLP
    Second Circuit limits availability of Chapter 15
    2013-12-20

    In a recent opinion on an issue of first impression,1 the United States Court of Appeals for the Second Circuit held that foreign entities seeking recognition under Chapter 15 of the Bankruptcy Code must, in addition to satisfying the requirements for recognition set forth in that chapter, have a residence, domicile, place of business or assets in the United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Debevoise & Plimpton, Debtor, Statutory interpretation, Discovery, Second Circuit, United States bankruptcy court
    Authors:
    Jasmine Ball , Richard F. Hahn , M. Natasha Labovitz , George E.B. Maguire , Shannon Rose Selden , My Chi To
    Location:
    USA
    Firm:
    Debevoise & Plimpton

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 3
    • Page 4
    • Page 5
    • Page 6
    • Current page 7
    • Page 8
    • Page 9
    • Page 10
    • Page 11
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days