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    Courts, Cooperation, and More: A Review of Cross-Border Insolvency Protocols
    2017-07-14

    In Short

    The Situation: For cross-border insolvency matters, parties increasingly depend on court-approved protocols to assist in the management of complex insolvencies involving a debtor or debtors whose assets, liabilities, or operations span international borders.

    The Action: Courts in Bermuda, the British Virgin Islands, Singapore, the United Kingdom, and some U.S. bankruptcy districts have implemented Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency Matters.

    Filed under:
    Bermuda, British Virgin Islands, Singapore, USA, Arbitration & ADR, Insolvency & Restructuring, Jones Day, Personal jurisdiction, Dispute resolution
    Authors:
    Kevyn D. Orr , Dan T. Moss
    Location:
    Bermuda, British Virgin Islands, Singapore, USA
    Firm:
    Jones Day
    The “long-arm” of Vizcaya - significance of the Privy Council decision and its impact on Australian common law and the Foreign Judgments Act 1991
    2016-02-24

    Vizcaya Partners Limited v Picard and another [2016] UKPC 5

    Privy Council advice that addresses what is required for foreign judgements

    Filed under:
    Australia, United Kingdom, Insolvency & Restructuring, Litigation, The Commercial Bar Association of Victoria, Personal jurisdiction, Common law
    Location:
    Australia, United Kingdom
    Firm:
    The Commercial Bar Association of Victoria
    Links for Restructuring Professionals to Key Cases, Articles, and News Briefs for May 10-15, 2018
    2018-05-31

    Here’s an aggregation of some of my Twitter posts from May 10-15, 2018, with links to important cases, articles, and news briefs that restructuring professionals will find of interest. Don’t hesitate to reach out and contact me to discuss any posts.

    May 10 – 15, 2018

    BK RELATED CASES:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Robbins DiMonte Ltd, Conflict of interest, Punitive damages, Personal jurisdiction
    Authors:
    Steve Jakubowski
    Location:
    USA
    Firm:
    Robbins DiMonte Ltd
    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
    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
    Authors:
    Mark Tsukerman
    Location:
    USA
    Firm:
    Cole Schotz PC
    Personal Jurisdiction. District court holds that the use of a correspondent bank account provides a sufficient basis to exercise personal jurisdiction over a foreign bank.
    2016-07-19

    Official Comm. of Unsecured Creditors of Arcapita, Bank. B.S.C. v. Bahr. Islamic Bank, No. 15-cv-03828 (S.D.N.Y. Mar. 30, 2016) [click for opinion]

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Unsecured debt, Security (finance), Personal jurisdiction, Debt, Due process, Second Circuit, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Juliet B. Hatchett
    Location:
    USA
    Firm:
    Baker McKenzie
    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
    Bresco Electrical Services Ltd v Michael J Lonsdale (Electrical) Ltd & (1838) Cannon Corporate Ltd v Primus Build Ltd
    2019-02-08

    [2019] EWCA Civ 27

    The Cannon case was heard at the same time as the Bresco appeal, although if searching for it, the case will be found under the Bresco name and reference. Here, there was a lengthy procedural history culminating in Cannon resisting summary judgment of an adjudication decision on the basis that Primus might not be able to repay the sums, because Primus was in a CVA. The Judge at first instance said:

    Filed under:
    United Kingdom, England & Wales, Arbitration & ADR, Insolvency & Restructuring, Litigation, Fenwick Elliott Solicitors, Personal jurisdiction, Liquidation
    Authors:
    Jeremy Glover
    Location:
    United Kingdom
    Firm:
    Fenwick Elliott Solicitors
    Collection against Collezione
    2010-08-17

    Two items of interest in the on-going saga of intellectual property enforcement against bankrupt Collezione Europa and its principals, Paul and Leonard Frankel.

    Filed under:
    USA, New Jersey, North Carolina, Copyrights, Insolvency & Restructuring, Litigation, Womble Bond Dickinson (US) LLP, Confidentiality, Bankruptcy, Interest, Discovery, Personal jurisdiction, Design patent, Trademark infringement, Default (law)
    Authors:
    Jacob S. Wharton
    Location:
    USA
    Firm:
    Womble Bond Dickinson (US) LLP
    Nonresident parent companies may be liable for claims against their Minnesota subsidiaries under new court of appeals ruling
    2010-10-12

    The Minnesota Court of Appeals recently ruled that a nonresident parent company may be subject to suit in Minnesota for damages claims against its insolvent Minnesota subsidiary company. The decision would appear to defeat a primary reason for forming a separate subsidiary business entity: the protection of related entities and their assets from potential liability arising from the business operations of the subsidiary.

    Filed under:
    USA, Minnesota, Insolvency & Restructuring, Litigation, Larkin Hoffman Daly & Lindgren Ltd, Legal personality, Limited liability company, Personal jurisdiction, Debt, Mortgage loan, Good faith, Holding company, Subsidiary, Parent company, Minnesota Court of Appeals, Minnesota Supreme Court
    Authors:
    Gary A Van Cleve
    Location:
    USA
    Firm:
    Larkin Hoffman Daly & Lindgren Ltd

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