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    Bloodhorse.com reports that battle between NYRA, OTBS resurfaces
    2010-12-08

    With the future of the New York City Off Track Betting Corp. up in the air, the New York Senate returned to the Capitol Tuesday, Dec. 7, to find itself in the middle of a long-standing battle between tracks and OTB corporations in the state.

    Officials at the NYCOTB, which is in Chapter 9 bankruptcy protection, vowed to shut down the stateowned betting giant at midnight Dec. 7 if the Senate does not pass a reorganization bill already approved last week by the Assembly.

    Filed under:
    USA, New York, Insolvency & Restructuring, Media & Entertainment, Duane Morris LLP, Bankruptcy, Bailout
    Location:
    USA
    Firm:
    Duane Morris LLP
    Bankruptcy Venue — Between a Rock and a Hard Place
    2021-08-23

    The Bankruptcy Protector

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Coronavirus
    Authors:
    Gary M. Freedman
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Third Circuit’s EFH Decision Is Another Blow to Senior Secured Creditors Attempting to Enforce Subordination Agreements
    2019-08-07

    Earlier this year, the United States Bankruptcy Court for the Southern District of New York issued an opinion in BOKF NA v. Wilmington Sav. Fund Soc’y FSB (In re MPM Silicones LLC), Case No. 15-2280, 2019 WL 121003 (S.D.N.Y. Jan. 4, 2019), which had significant ramifications for senior secured creditors. Much has been written about this decision, so a lengthy discussion will not be undertaken here.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Debtor, United States bankruptcy court
    Authors:
    Shane G. Ramsey
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    New York’s Restrictive Interpretation of Common Interest Doctrine Unlikely to Have Significant Impact in Bankruptcy
    2016-09-27

    On June 9, 2016, the New York State Court of Appeals, in Ambac Assur. Corp. v. Countrywide Home Loans, 2016 BL 184648 (N.Y. June 9, 2016), reversed a lower court decision, consistent with the overwhelming majority of federal court decisions, that the common interest doctrine under New York law is not limited to communications made in connection with pending or reasonably anticipated litigation.

    Filed under:
    USA, New York, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Legal Practice, Litigation, Jones Day, Bankruptcy, US District Court for SDNY
    Authors:
    Aaron M. Gober-Sims
    Location:
    USA
    Firm:
    Jones Day
    EuroResource—Deals and Debt - April 2016
    2016-04-21

    Recent Developments

    Filed under:
    France, Italy, USA, New York, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Tax, Jones Day, Debt, Second Circuit
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    France, Italy, USA
    Firm:
    Jones Day
    Southern District of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially
    2016-03-22

    Over the past 21 years, two U.S. district court judges in the Southern District of New York have held that the avoidance powers conferred on a bankruptcy trustee or chapter 11 debtor-in-possession under the Bankruptcy Code do not apply to pre-bankruptcy transfers made by a debtor outside the United States. However, a U.S. bankruptcy court judge in the same district recently reached the opposite conclusion in Weisfelner v. Blavatnik (In re Lyondell), 543 B.R. 127 (Bankr. S.D.N.Y. 2016). In Lyondell, bankruptcy judge Robert E.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Jones Day, Bankruptcy, Debtor, Extraterritoriality, United States bankruptcy court, US District Court for SDNY
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Notable Business Bankruptcy Rulings of 2016
    2016-02-16

    Allowance of Claims—Make-Whole Premiums

    Filed under:
    USA, New York, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, White Collar Crime, Jones Day, Second Circuit, Delaware Supreme Court, United States bankruptcy court, Third Circuit, US District Court for SDNY
    Location:
    USA
    Firm:
    Jones Day
    Chapter 15 provides restructuring avenue for Brazilian companies
    2015-10-01

    The chapter 15 cases of OAS S.A. ("OAS") and its affiliates represent the second time in less than one year that a U.S. bankruptcy court has been confronted with a serious challenge to the recognition of insolvency proceedings in Brazil by a group of U.S. creditors. The latest challenge focused on two separate lines of attack: (1) whether the "foreign representative" authorized to commence a chapter 15 case can be appointed by the company rather than the foreign insolvency court; and (2) whether Brazilian insolvency law is manifestly contrary to U.S. public policy.

    Filed under:
    Brazil, USA, New York, Insolvency & Restructuring, Litigation, Jones Day, UNCITRAL, United States bankruptcy court
    Authors:
    Pedro A. Jimenez , Mark G. Douglas
    Location:
    Brazil, USA
    Firm:
    Jones Day
    U.S. Supreme Court Update: Petitions Seek Review of Notable Bankruptcy Law Rulings
    2021-09-23

    At a conference to be held at the end of the summer recess on September 27, 2021, the U.S. Supreme Court will consider whether to grant petitions seeking review during the new Term that begins on October 4 of three notable appeals involving issues of bankruptcy law. Two of those appeals address the doctrine of "equitable mootness." The third concerns federal preemption of a non-debtor third party's tortious interference claims against other non-debtor third parties.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, Judicial review, SCOTUS, Third Circuit
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    N.Y. District Court Rules that Chapter 15 Recognition Not Required to Enforce Foreign Bankruptcy Injunction
    2021-09-23

    U.S. courts have a long-standing tradition of recognizing or enforcing the laws and court rulings of other nations as an exercise of international "comity." It has been generally understood that recognition of a foreign bankruptcy proceeding under chapter 15 is a prerequisite to a U.S. court enforcing, under the doctrine of comity, an order or judgment entered in a foreign bankruptcy proceeding or a provision in foreign bankruptcy law applicable to a debtor in such a proceeding.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Jones Day, US District Court for SDNY
    Authors:
    Corinne Ball , Dan T. Moss , Michael C. Schneidereit , Isel M. Perez , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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