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
    Delaware Supreme Court rules against creditors’ ability to bring direct breach of fiduciary duty suits against directors of corporations which are insolvent or are in the zone of insolvency
    2007-07-27

    On May 18, 2007, in North American Catholic Educational Programming Foundation, Inc. v. Gheewalla (“Gheewalla”),1 the Delaware Supreme Court affirmed the Delaware Court of Chancery’s decision2 in which the Court of Chancery precluded creditors from filing direct suits for breach of fiduciary duty against directors of corporations that are either in the zone of insolvency or are actually insolvent. With its decision, the Delaware Supreme Court has limited creditors’ ability to sue directors for breach of fiduciary duty.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case, Bankruptcy, Shareholder, Breach of contract, Fiduciary, Board of directors, Accounting, Personal jurisdiction, Standing (law), Goldman Sachs, Court of Chancery, Delaware Court of Chancery, Delaware Supreme Court, Court of equity
    Location:
    USA
    Firm:
    White & Case
    Substantive changes to Georgia lien law set to go into effect on March 31, 2009
    2009-01-05

    Effective March 31, 2009 (not April 1), Georgia lien law is officially set to undergo a series of substantial changes, as a result of Governor Sonny Purdue signing Senate Bill 374 into law. These changes are significant and exist throughout the lien statutes. Many of the revisions require new, very specific procedures and forms that must be precisely followed in order to prevent waiving lien rights. Although the new lien law is not technically retroactive, it appears that several of the requirements could pertain to liens filed prior to March 31.  

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Seyfarth Shaw LLP, Bankruptcy, General contractor, Waiver, Ex post facto law, Personal jurisdiction, Subcontractor
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Important cross-border enforcement decision by the New York courts
    2009-08-10

    Summary

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Debtor, Interest, Arbitration award, Personal jurisdiction, Debt, Personal property, Default judgment, Extraterritoriality, Contempt of court, Dissenting opinion, Subsidiary, Forum shopping
    Authors:
    Charles Evans , Michael Godden , Roger Heward , Philip Roche , Joe Tirado
    Location:
    USA
    Firm:
    Norton Rose Fulbright
    Decision in DBSI Inc., reminds us that district courts have personal jurisdiction throughout the United States
    2011-07-06

    Summary

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor, Fraud, Personal jurisdiction, Legal burden of proof, Liquidation, Prima facie, US Congress, Trustee, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. John Bird
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Jacobs v. Terpitz: entering into a partnership constitutes “minimum contacts”
    2015-03-13

    Since the Supreme Court’s decision in Stern v.

    Filed under:
    USA, New York, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Personal jurisdiction, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    US Supreme Court’s sleight of hand in bankruptcy jurisdiction
    2014-07-31

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United
    Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. The Law Office of Salman M. Al-Sudairi is Latham & Watkins associated office in the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Limited liability partnership, Personal jurisdiction, SCOTUS
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Foreign Online Customer is Subject to US Personal Jurisdiction in Fraudulent Transfer Litigation
    2018-05-18

    Is a foreign online customer of a bankrupt goods supplier subject to personal jurisdiction in the United States, when sued by a bankruptcy trustee for fraudulent transfers? Yes, says the Bankruptcy Court for the Northern District of California in In re Fox Ortega Enterprises, Inc. Debtor. Michael Kasolas, Chapter 7 Tr., Plaintiff, v. Johnny Yau, Defendant., No. 16-40050, 2018 WL 2191597 (Bankr. N.D. Cal. May 11, 2018).

    Legal and Factual Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Personal jurisdiction
    Location:
    USA
    Firm:
    Dechert LLP
    Hosking v Apax Partners LLP (unreported - 19 July 2016)
    2016-07-27

    The English Court refused an application by Liquidators to stay English proceedings pending the outcome of similar proceedings in the US.

    The Joint Liquidators of a Luxembourg company ("the Company") applied to stay English proceedings that they had brought against private equity investors ("the Defendants") until similar proceedings in the US had been resolved, or for three months to enable the Liquidators to raise finance for the litigation.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Private equity, Fraud, Limited liability partnership, Personal jurisdiction, Debt, Involuntary dismissal, Refinancing, Default (finance), Insolvency Act 1986 (UK)
    Authors:
    Alan Bennett , Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Delaware Supreme Court rules against creditors’ ability to bring direct breach of fiduciary duty suits against directors of corporations which are insolvent or are in the zone of insolvency
    2007-07-27

    On May 18, 2007, in North American Catholic Educational Programming Foundation, Inc. v. Gheewalla (“Gheewalla”),1 the Delaware Supreme Court affirmed the Delaware Court of Chancery’s decision2 in which the Court of Chancery precluded creditors from filing direct suits for breach of fiduciary duty against directors of corporations that are either in the zone of insolvency or are actually insolvent. With its decision, the Delaware Supreme Court has limited creditors’ ability to sue directors for breach of fiduciary duty.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Shareholder, Breach of contract, Fiduciary, Board of directors, Accounting, Personal jurisdiction, Standing (law), Goldman Sachs, Court of Chancery, Delaware Court of Chancery, Delaware Supreme Court, Court of equity
    Location:
    USA
    Firm:
    White & Case LLP
    Secondary Market Transaction Results in U.S. Court Jurisdiction Over Foreign Lender
    2017-03-22

    Foreign financial institutions that trade dollar-denominated securities on the secondary market may not appreciate that they could be forced to defend an action arising from such a transaction in a U.S. court. That is what happened, however, to an Austrian bank that purchased a $10 million interest in a syndicated $1.5 billion term loan on the secondary market. In a recent decision, the bankruptcy court in Motors Liquidation Co. Avoidance Action Trust v. JPMorgan Chase Bank, N.A. (In re Motors Liquidation Co.), Adv. Pro. No. 09-00504 (MG), 2017 WL 632126 (Bankr. S.D.N.Y. Feb.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Cole Schotz PC, Bankruptcy, Personal jurisdiction, United States bankruptcy court
    Location:
    USA
    Firm:
    Cole Schotz PC

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Current page 3
    • Page 4
    • 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