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    Chapter 11 does not prevent loss of liquor license
    2008-07-31

    In Go West Entertainment, Inc. v. New York Liquor Authority (In re Go West Entertainment, Inc.),1 the United States Bankruptcy Court for the Southern District of New York refused to extend the automatic stay or to utilize its other injunctive powers to prevent state regulatory authorities from revoking a debtor’s liquor license.

    Filed under:
    USA, New York, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Title 11 of the US Code, United States bankruptcy court, Administrative law judge
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Court restricts ability of offshore funds to access chapter 15 of the Bankruptcy Code
    2007-10-25

    In Bear Stearns High-Grade Structured Credit Strategies Master Fund, Ltd.,1 the United States Bankruptcy Court for the Southern District of New York refused to allow the foreign representatives of two Bear Stearns funds2 to institute ancillary proceedings under new chapter 15 of the United States Bankruptcy Code. There, Judge Lifland held that, even though the Funds were in liquidation proceedings in the Cayman Islands, those proceedings constituted neither “foreign main” nor “foreign non-main” proceedings for purposes of the U.S.

    Filed under:
    Cayman Islands, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Asset management, Margin (finance), Subprime lending, Liquidation, Liquidator (law), Title 11 of the US Code, Bear Stearns, United States bankruptcy court
    Location:
    Cayman Islands, USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Vitro: Chapter 15 and the limits of comity: Texas bankruptcy court refuses to enforce third-party release provisions in Mexican plan of reorganization
    2012-06-25

    On June 13, 2012, Judge Harlin D. Hale of the United States Bankruptcy Court for the Northern District of Texas refused to enforce provisions of a Mexican plan of reorganization that purported to extinguish guarantees by the debtor’s non-debtor subsidiaries.  In refusing to enforce the non-debtor release, Judge Hale held both that the release of non-debtor guarantors was contrary to United States public policy and that the release did not merit enforcement under the specific criteria of chapter 15 for granting relief to a foreign debtor.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Comity, United States bankruptcy court
    Authors:
    Audrey Aden Doline , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Eleventh Circuit upholds a bankruptcy court’s exclusive jurisdiction to enforce its own Chapter 11 discharge injunctions
    2012-06-13

    On May 30, 2012, the United States Court of Appeals for the Eleventh Circuit held that a bankruptcy court in one federal district lacks jurisdiction to determine whether a debt was discharged under a chapter 11 plan confirmation order issued by a bankruptcy court in another federal district.  Alderwoods Group, Inc. v. Garcia, 1:10-cv-20509-KMM, 2012 U.S. App. LEXIS 10891 (11th Cir. May 30, 2012).  The decision makes it clear that a debtor must seek enforcement of its discharge order in the same federal court that granted the discharge in the first place.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Class action, Exclusive jurisdiction, Bankruptcy discharge, United States bankruptcy court, Eleventh Circuit
    Authors:
    Alicia B. Davis , Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    District Court of the Southern District of New York reaffirms extraterritorial effect of the automatic stay
    2012-05-30

    On May 4, 2012, Judge J. Paul Oetken of the United States District Court of the Southern District of New York held that the Bankruptcy Court has the injunctive power to enforce the automatic stay against entities falling within the Bankruptcy Court’s in personam jurisdiction, and that, in this case, the enforcement of the automatic stay did not violate interests of comity.  Sec. Investor Prot. Corp v. Bernard L. Madoff Inv. Sec., LLC (In re Bernard L. Madoff Inv. Sec., LLC), No. 11 Civ. 8629 (JPO), 2012 WL 1570859 (S.D.N.Y. May 4, 2012).  

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Injunction, Extraterritoriality, Comity, In rem jurisdiction, United States bankruptcy court
    Authors:
    Alicia B. Davis , Michael A. Stevens
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Sale orders: ignore at your peril, even after the bankruptcy case is closed
    2015-02-27

    Bombart v. The Family Center at Sunrise, LLC, 520 B.R. 300 (S.D. Fla. 2014) –

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Injunction, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Third Circuit holds that insurers have standing to challenge Chapter 11 plan designed to be 'insurance neutral'
    2011-05-10

    In a recent decision arising out of the Chapter 11 bankruptcy case of Global Industrial Technologies, Inc. (GIT),1 the U.S. Court of Appeals for the Third Circuit, sitting en banc, held that insurance companies that had issued liability insurance policies to a manufacturer before its bankruptcy filing had standing to object to confirmation of the company’s Chapter 11 plan of reorganization, even though the plan had been designed to be “insurance neutral” with regard to the policies.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Troutman Pepper, Bankruptcy, Debtor, Injunction, Class action, Standing (law), Liability (financial accounting), Holding company, Liability insurance, Title 11 of the US Code, Third Circuit
    Authors:
    Michael H. Reed
    Location:
    USA
    Firm:
    Troutman Pepper
    Successor liability after a Section 363 sale - buyer beware
    2011-03-18

    Reprinted with permission from the March 18, 2011 issue of The Legal Intelligencer © 2010 ALM Media Properties, LLC. Further duplication without permission is prohibited. All rights reserved.

    Over the last couple of years, the predominant goal in many business bankruptcy proceedings has been the sale of substantially all of the estate's assets. Such bankruptcy sales are often favored by buyers under Section 363(f), which enables a "free and clear" transfer of the assets.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Injunction, Limited liability company, Liability (financial accounting), In rem jurisdiction, Title 11 of the US Code, Ford Motor Company, General Motors, The Legal Intelligencer, United States bankruptcy court
    Authors:
    Francis J. Lawall
    Location:
    USA
    Firm:
    Troutman Pepper
    United States Bankruptcy Appellate Panel of the Tenth Circuit upholds provision in LLC agreement prohibiting filing of bankruptcy
    2011-01-04

    In nearly every bankruptcy proceeding there is some constituency that ends up having its claim or interest impaired. Not surprisingly, therefore, these same constituencies would like to avoid that outcome by restricting the debtor’s ability to commence bankruptcy in the first place.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Injunction, Limited liability company, Foreclosure, Condominium, Bad faith, Default (finance), Choice of law, United States bankruptcy court, Bankruptcy Appellate Panel, Tenth Circuit
    Authors:
    Francis J. Lawall , Evelyn J. Meltzer
    Location:
    USA
    Firm:
    Troutman Pepper
    No notice of lack of authority
    2012-02-27

    Where there is no evidence of lack of authority in placing orders which have not been paid, the court refused to allow an injunction to restrain a winding-up petition.

    In the matter of A company (2012) (the company), a creditor had issued a statutory demand against it in relation to invoices for advertising placed with it by the company's sales and marketing manager (M) that were unpaid. The company argued that those orders had been placed without its authority and M admitted that she had exceeded her authority in so placing them.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Injunction
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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