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    Foreign debtor may appoint representative to commence chapter 15 case
    2012-08-01

    As the seventh anniversary of the enactment of chapter 15 of the Bankruptcy Code draws near, the volume of chapter 15 cases commenced in U.S. bankruptcy courts on behalf of foreign debtors has increased rapidly. During that period, there has also (understandably) been a marked uptick in litigation concerning various aspects of the comparatively new legislative regime governing cross-border bankruptcy cases patterned on the Model Law on Cross-Border Insolvency. One such issue was the subject of a ruling recently handed down by a Texas district court. In In re Vitro, S.A.B. de C.V., 470 B.R.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Liquidation, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Pedro A. Jimenez , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Texas bankruptcy court denies recognition to Mexican financial restructuring plan; decision to be appealed to the Fifth Circuit
    2012-06-20

    On June 13, 2012, the bankruptcy court for the Northern District of Texas in In re Vitro, S.A.B. de C.V. (“Vitro SAB”) declined to recognize and enforce an order issued by the Federal District Court for Civil and Labor Matters for the State of León, Mexico, which approved Vitro SAB’s reorganization plan in its Mexican insolvency proceeding (known as a concurso mercantil proceeding). Vitro S.A.B. v. ACP Master Fund, Ltd., et al. (In re Vitro S.A.B.), Case No. 11–33335 (HDH), 2012 WL 2138112 (Bankr. N.D. Tex. June 13, 2012).

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Debtor, Debt, Comity, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Vitro: Chapter 15 and the limits of comity: Texas bankruptcy court refuses to enforce third-party release provisions in Mexican plan of reorganization
    2012-06-25

    On June 13, 2012, Judge Harlin D. Hale of the United States Bankruptcy Court for the Northern District of Texas refused to enforce provisions of a Mexican plan of reorganization that purported to extinguish guarantees by the debtor’s non-debtor subsidiaries.  In refusing to enforce the non-debtor release, Judge Hale held both that the release of non-debtor guarantors was contrary to United States public policy and that the release did not merit enforcement under the specific criteria of chapter 15 for granting relief to a foreign debtor.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Comity, United States bankruptcy court
    Authors:
    Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy Court rules a foreign insolvency plan that extinguishes claims against non-debtor subsidiaries is manifestly contrary to US public policy
    2012-06-15

    In a decision further defining when US public policy restricts the relief a court may grant in aid of a foreign restructuring or insolvency proceeding, the Bankruptcy Court in the Chapter 15 case of Vitro, S.A.B. de C.V. v. ACP Master, Ltd. (In re Vitro, S.A.B. de C.V.), Ch. 15 Case No. 11-33335-HDH-15, 2012 WL 2138112 (Bankr. N.D. Tex. Jun. 13, 2012) refused to a enforce a Mexican restructuring plan that novated and extinguished the guaranty obligations of the Mexican debtor’s non-debtor subsidiary guarantors.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bankruptcy, Debtor, Injunction, Holding company, United States bankruptcy court
    Authors:
    Alan W Kornberg , Stephen J. Shimshak , Claudia R Tobler
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Weathering the storm: vitro’s concurso plan is manifestly contrary to public policy . . . at least for now
    2012-06-20

    On June 13, 2012, the United States Bankruptcy Court for the Northern District of Texas (the “Bankruptcy Court”) published an opinion ruling on whether the Mexican Plan of Reorganization (the “Concurso Plan”) of the Mexican glass-manufacturing company, Vitro, S.A.B.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Public, Haynes and Boone LLP, Debtor, Comity, Title 11 of the US Code, United States bankruptcy court, US District Court for Northern District of Texas
    Authors:
    Robin E. Phelan , Scott Everett , Autumn D. Highsmith , Jordan Bailey
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Walking in empty shoes: Fifth Circuit allows excess carrier’s contractual subrogation claim despite purported assignment of insured’s rights to a third-party claimant
    2012-06-08

    Where an insured has assigned away its rights to recover available insurance, the insured’s “empty shoes” do not necessarily prevent an excess carrier that pays defense costs rightfully owed by primary carriers from pursuing the primary carriers based a contractual subrogation theory.  An excess carrier proceeding on this basis typically “stands in the shoes of the insured,” obtaining only those rights held by the insured.  Nonetheless, the Fifth Circuit Court of Appeals found last week that where an excess carrier picks up the bill for an insured’s defense, it may recover fr

    Filed under:
    USA, California, Texas, Insolvency & Restructuring, Insurance, Litigation, Duane Morris LLP, Bankruptcy, Fifth Circuit
    Authors:
    Jason M. Horst
    Location:
    USA
    Firm:
    Duane Morris LLP
    Bankruptcy court refuses to stay international litigation against non-debtor subsidiaries despite express statutory language giving it the power, but not the obligation, to do so
    2012-05-29

    In re Vitro, S.A.B de C.V v. ACP Master, Ltd., et al., Case No. 11-33335-HDH-15 (N.D. Tex. 2011), is a decision by a bankruptcy court but contains discussion of the issue often arising in contentious international litigation:  attempts to enjoin proceedings in other countries in favor of proceedings in the U.S., or attempts to enjoin proceedings in the U.S.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Injunction, Preliminary injunction, Title 11 of the US Code
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Tips on how to protect yourself in the event your oil and gas operator goes bankrupt
    2012-05-08

    Advances in production technology have led to an unprecedented supply of natural gas in the United States, putting downward pressure on market prices. Both the Henry Hub cash price and the NYMEX price closed below $2.00/MMBtu at times in the past month and prices continue to hover in the $2.00 range.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Dentons, Bankruptcy, Natural gas, Interest
    Authors:
    Sam J. Alberts , H. Martin Gibson , Robert E. Richards , Ryan W. Sears
    Location:
    USA
    Firm:
    Dentons
    Creation of artificially impaired class to approve cram-down plan is not per se impermissible
    2012-03-15

    In re Village at Camp Bowie I, L.P., 454 B.R. 702 (Bankr. N.D. Texas, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Unsecured debt, Foreclosure, Good faith, Default (finance), Secured creditor, Title 11 of the US Code
    Authors:
    Ann E. Pille
    Location:
    USA
    Firm:
    Reed Smith LLP
    Corporate synergy among related debtors key to finding conferral of economic benefit in fraudulent transfer action
    2012-03-15

    Spicer v. Konjoyan (In re Renaissance Hospital, et al.), Adv. No. 10-04190-DML (Bankr. N.D. Texas, Nov. 1, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Fraud
    Authors:
    Joseph D. Filloy
    Location:
    USA
    Firm:
    Reed Smith LLP

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