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    When Rule B attachment will not help
    2013-06-11

    Since 2008, the shipping market (in particular, the bulker market) has been badly affected by a decreased demand for shipping, largely due to the global financial crisis. To date, the shipping market is struggling, and claims for unpaid charter hire continue to surface along with the traditional assortment of other claims that arise between contracting parties.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Blank Rome LLP, Admiralty law, Second Circuit
    Authors:
    William R. Bennett III
    Location:
    USA
    Firm:
    Blank Rome LLP
    Any port in a storm: safe harbor for intermediaries in the Second Circuit
    2013-06-11

    Navigating the most recent leg in the Quebecor regatta, the Second Circuit affirmed the judgment of the district court and ruled that prepetition transfers made in connection with a securities contract may qualify for safe harbor from avoidance actions under section 546(e) of the Bankruptcy Code—even if the transferee is a mere “conduit” or “intermediary” financial institution. In re Quebecor World (USA) Inc. (Official Committee of Unsecured Creditors of Quebecor World (USA) Inc. v. American United Life Insurance Co.), No. 12-4270-bk (2d Cir. June 10, 2013).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bracewell LLP, Safe harbor (law), Enron, Second Circuit
    Location:
    USA
    Firm:
    Bracewell LLP
    Second Circuit rules on timing of “Center of Main Interests” inquiry
    2013-05-28

    Chapter 15 of the Bankruptcy Code is designed to provide an effective mechanism to aid insolvency proceedings in foreign countries that involve a foreign debtor with assets, creditors and other parties in interest located in the foreign country as well as in United States. A foreign representative that is authorized to administer the foreign reorganization or liquidation or act as a representative of the foreign proceeding is the party who applies to the US bankruptcy court for recognition of the foreign proceeding.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Liquidation, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Robert J. Malionek , Karen S. Goldstein
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Chapter 15 petition date “anchors” COMI analysis
    2013-06-01

    October 17, 2013, will mark the eighth anniversary of the enactment of chapter 15 of the U.S. Bankruptcy Code as part of the comprehensive U.S. bankruptcy-law reforms implemented in 2005. Chapter 15, which governs cross-border bankruptcy and insolvency cases, is patterned after the Model Law on Cross-Border Insolvency (the “Model Law”), a framework of legal principles formulated by the United Nations Commission on International Trade Law (“UNCITRAL”) in 1997 to deal with the rapidly expanding volume of international insolvency cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Liquidation, UNCITRAL, Second Circuit
    Authors:
    Pedro A. Jimenez , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Supreme Court declines to review equitable mootness standard
    2013-05-03

    On April 29, 2013, the Supreme Court of the United States declined to hear an appeal of the Second Circuit's decision dismissing, as equitably moot, appeals arising out of the bankruptcy of Charter Communications and let stand the opinion in In re Charter Communications, Inc., 691 F.3d 476 (2d Cir. 2012). As a result, the application of the equitable mootness doctrine, as it applies to bankruptcy appeals, will continue to vary among jurisdictions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bond (finance), Debtor, Federal Reporter, Supreme Court of the United States, Second Circuit
    Authors:
    Dylan G. Trache
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Collateral damages: secured creditors, turn over repossessed collateral, or else!
    2013-05-10

    It was just an old jalopy legally repossessed by his credit union . . . until he filed a bankruptcy petition and the red lights of the automatic stay started flashing. Smokey pulled the lender over and started issuing citations so be forewarned, put your hazard lights on and drive carefully through the postpetition fog, because this decision is relevant to all secured creditors under all Bankruptcy Code Chapters, not just car lenders under Chapter 13.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Bracewell LLP, Debtor, Secured creditor, Title 11 of the US Code, Second Circuit
    Location:
    USA
    Firm:
    Bracewell LLP
    Second Circuit rejects edge act jurisdiction in AIG RMBS case
    2013-04-22

    On April 19, the Second Circuit ruled that a lawsuit brought by American International Group (AIG) against several Bank of America entities involving alleged fraud in connection with $28 billion in RMBS had been improperly removed from state to federal court.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Orrick, Herrington & Sutcliffe LLP, Remand (court procedure), American International Group, Bank of America, Second Circuit
    Location:
    USA
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Where do your interests lie under Chapter 15 of the Bankruptcy Code?
    2013-04-30

    When doing business with a foreign company, it is important to identify the company’s “center of main interests” (“COMI”) as creditors may find themselves bound by the laws of the COMI locale. If a company initiates insolvency proceedings outside the U.S., it must petition a U.S. court under Chapter 15 of the Bankruptcy Code for recognition of the foreign proceeding.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mintz, Debtor, Liquidation, Title 11 of the US Code, Second Circuit
    Authors:
    Eric R. Blythe
    Location:
    USA
    Firm:
    Mintz
    Center of main interest – the Second Circuit weights in
    2013-04-18

    The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”) introduced the most comprehensive amendments to United States bankruptcy law in 25 years.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Lowenstein Sandler LLP, Liquidation, Second Circuit
    Authors:
    Sharon L. Levine , S. Jason Teele , Cassandra M. Porter
    Location:
    USA
    Firm:
    Lowenstein Sandler LLP
    In re Fairfield Sentry Ltd.: Second Circuit Court of Appeals provides guidance to “COMI” determinations in Chapter 15 cases
    2013-04-19

    On April 16, 2013, in Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.),1 the US Court of Appeals for the Second Circuit issued an important decision informing fundamental concepts of cross-border insolvency law as implemented pursuant to Chapter 15 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Brian Trust , Howard S. Beltzer , Frederick D. Hyman , Joel Moss
    Location:
    USA
    Firm:
    Mayer Brown

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