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    Foreign assets: overseas but over here in a bankruptcy
    2011-11-24

    Earlier this year, the High Court gave judgment in a case involving a bankrupt who owned property in Morocco (Saunders v Donovan, unreported). The bankrupt had also granted someone a power of attorney in respect of the Moroccan property. The question that fell to be decided by the High Court was four-fold:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, BDB Pitmans LLP, Bankruptcy, Power of attorney, Insolvency Act 1986 (UK)
    Authors:
    Rita Sarkar
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    Ras Al Khaimah v Bestfort
    2015-11-30

    Application for a freezing order in support of foreign proceedings/appointment of a receiver and a power of attorney

    http://www.bailii.org/ew/cases/EWHC/Ch/2015/3383.html

    The applicants (based in the UAE and Georgia) sought freezing orders against the respondents in support of proceedings taking place overseas. The respondents are LLPs registered in England and Wales and owned by a Georgian national.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Clyde & Co LLP, Power of attorney
    Authors:
    Nigel Brook
    Location:
    United Kingdom
    Firm:
    Clyde & Co LLP
    Agency corked
    2014-04-23

    In Bailey & Others (Joint Liquidators of D&D Wines International Limited) v Angove’s Pty Limited1, the Court of Appeal overturned a decision of the High Court, and so permitted the liquidator of an insolvent agent to recover funds due to it from end-customers despite the agency having been terminated.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Power of attorney, Insolvency Act 1986 (UK)
    Authors:
    Jonathan Wood , Nigel Brook
    Location:
    United Kingdom
    Firm:
    RPC
    “Distressed Step-In”
    2018-12-19

    Key points

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, BCLP, Power of attorney
    Location:
    United Kingdom
    Firm:
    BCLP
    Mortgage notes: those nasty assignments!
    2015-03-06

    In re Baber, 523 B.R. 156 (Bankr. E.D. Ark. 2014) –

    The debtors objected to a proof of claim filed on behalf of a mortgagee based on issues arising from assignment of the mortgage note by the lender that originated the loan.  The mortgagee responded by, among other things, challenging the standing of the debtors to raise these issues.

    Filed under:
    USA, Arkansas, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Debtor, Mortgage loan, Power of attorney
    Location:
    USA
    Firm:
    Troutman Pepper
    New bankruptcy proof of claim rules take effect
    2012-03-14

    As seen in the Spring 2012 issue of West Virginia Banker.

    In the wake of the national attention directed towards residential mortgages in the last few years, certain revisions were made to the Federal Rules of Bankruptcy Procedure to address perceived deficiencies in bankruptcy proofs of claim. The rule changes were first proposed in 2009 by the Judicial Conference of the United States and became effective December 1, 2011.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Dinsmore & Shohl LLP, Bankruptcy, Debtor, Mortgage loan, Power of attorney
    Authors:
    Michael R. Proctor
    Location:
    USA
    Firm:
    Dinsmore & Shohl LLP
    Effectiveness of power of attorney provisions in claim purchase agreements in bankruptcy - Delphi bankruptcy case raises issues
    2008-04-01

    A recent ruling in the Delphi Corporation, et al. ("Delphi") bankruptcy case calls into question the effectiveness of power of attorney provisions found in many claim purchase agreements. Specifically, on February 26, 2008, United States Bankruptcy Judge Robert D. Drain, presiding over the Delphi bankruptcy proceeding, held that claims purchasers could not submit cure notices in reliance on powers of attorney.

    Delphi Sent Cure Notices Only to Contract Counterparties

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Richards Kibbe & Orbe LLP, Bankruptcy, Debtor, Option (finance), Solicitation, Precondition, Power of attorney, United States bankruptcy court
    Location:
    USA
    Firm:
    Richards Kibbe & Orbe LLP
    Idaho Department of Finance wins court-appointed examiner in DBSI bankruptcy to probe $2 billion in allegedly fraudulent transactions
    2009-03-17

    WILMINGTON, Del. – The State of Idaho’s Department of Finance has won approval for a court-appointed examiner in the closely watched bankruptcy proceedings of DBSI, Inc., an Idaho-based investment firm. Judge Peter Walsh of the U.S. Bankruptcy Court for the District of Delaware has given the examiner the authority to probe $2 billion in allegedly fraudulent securities transactions made by DBSI. The scheme involved more than 12,000 investors and 270 properties throughout the country.

    Filed under:
    USA, Idaho, Insolvency & Restructuring, Litigation, White Collar Crime, Potter Anderson & Corroon LLP, Bankruptcy, Security (finance), Fraud, Limited liability partnership, Investment company, Power of attorney, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Potter Anderson & Corroon LLP
    New York Bankruptcy Court: Foreign Representative in Chapter 15 Case Need Not Be Appointed by Foreign Court
    2023-12-07

    In most cases seeking recognition of a foreign bankruptcy proceeding in the United States under chapter 15 of the Bankruptcy Code, the foreign debtor's "foreign representative" has been appointed by the foreign court or administrative body overseeing the debtor's bankruptcy case.

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Jones Day, Power of attorney
    Authors:
    Corinne Ball , Dan T. Moss , Michael C. Schneidereit , Isel M. Perez , Ryan Sims
    Location:
    Global, USA
    Firm:
    Jones Day
    The “Board Flip”: - How Effective is the Pre-Petition Exercise of Proxy Rights in the Face of Bankruptcy?
    2023-08-03

    When debt restructuring discussions are at an impasse and the reservoir of goodwill between the parties has run dry, stakeholders face difficult choices. For a lender, one of the most powerful tools available is the exercise of rights under a voting proxy given by a parent holding company in connection with a pledge of a borrower’s stock or membership interests. Through the exercise of proxy rights, lenders may replace a borrower’s board of directors with a new board made up of independent directors.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, Power of attorney
    Authors:
    Charles A. Dale
    Location:
    USA
    Firm:
    Proskauer Rose LLP

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