Chapter 15 for all: SDNY bankruptcy court holds that indenture governed by New York law constitutes “property in the United States” under section 109(a)

Section 109(a) of the Bankruptcy Code requires debtors to either reside or have a domicile, place of business, or property in the United States.  A split of authority exists whether a foreign debtor seeking recognition of its foreign proceeding under chapter 15 of the Bankruptcy Code must satisfy these requirements.&nb

Filed under:
USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court, US District Court for SDNY
Location:
USA
Firm:
Weil Gotshal & Manges LLP
Does silence mean consent? Some courts have found that it does not (at least for purposes of sales under section 363(f))

In melodramatic movie weddings, guests are urged, before the couple is joined in matrimony, to “speak now or forever hold their peace” (although this phrase never seems to work its way into actual wedding ceremonies – presumably because there are no longer legitimate objections to a marriage that guests should be voicing at the wedding).

Filed under:
USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP
Authors:
Debora Hoehne
Location:
USA
Firm:
Weil Gotshal & Manges LLP
Important cross-border enforcement decision by the New York courts

Summary

Filed under:
USA, New York, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Debtor, Interest, Debt, Personal property, Subsidiary, Forum shopping
Authors:
Charles Evans , Roger Heward , Philip Roche
Location:
USA
Firm:
Norton Rose Fulbright