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    MF Global proceedings test multiple insolvency statutes
    2011-11-15

    On October 31, the MF Global enterprise collapsed into bankruptcy and a number of related insolvency proceedings. Amid allegations of improper commingling of customer accounts and rumors of misbegotten proprietary Eurobond trades, two unregulated entities – MF Global Finance USA Inc. and MF Global Holdings Ltd. (the Unregulated Debtors) – filed voluntary bankruptcy petitions on October 31, 2011. Later the same day, the Securities Investor Protection Corporation filed a complaint in the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Eversheds Sutherland (US) LLP, Bankruptcy, Collateral (finance), Security (finance), Futures contract, Commodity broker, Margin (finance), Liquidation, Broker-dealer, Cashflow, Brokerage firm, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Securities Investor Protection Corporation, Commodity Exchange Act 1936 (USA), Title 11 of the US Code, Trustee
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    When a hospital becomes a no standing zone
    2011-11-10

    Bottom Line:

    The United States Bankruptcy Court for the District of South Carolina in In re Barnwell County Hospital, No. 11-06207 (Bankr. D.S.C. Oct. 27, 2011) held that anad hoc community group of citizens formed for the purpose of attempting to keep the Barnwell County hospital open and operating in its current location (the “Community Group”) was not a party-in-interest in the hospital’s bankruptcy case and so lacked standing to challenge the debtor’s eligibility for relief under chapter 9 of the Bankruptcy Code.

    Filed under:
    USA, South Carolina, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Debtor, Interest, Standing (law), Citizenship, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jordan Kaye
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Bankruptcy Code’s patent protection extended to licensees of foreign debtors in chapter 15 case
    2011-11-09

    In a case of first impression, In re Qimonda AG, the Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”) found that the protections of section 365(n) of the Bankruptcy Code are available to licensees of U.S. patents in a chapter 15 case even when these protections are not available under the foreign law applicable to the foreign debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Dechert LLP, Royalty payment, Bankruptcy, Debtor, Remand (court procedure), Comity, Debtor in possession, IBM, Intel, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Dechert LLP
    Recent cases may signal a trend for U.S. courts to accord insurers increased rights to object to the institution of an asbestos settlement trust
    2011-11-10

    An article by the National Underwriter Company discusses a recent Moody’s report that asbestos claims are again on the rise after years of declining or flat claims.1 This has led several insurers to increase their asbestos reserves and Moody’s views this trend as a warning flag for the property and casualty insurance industry as a whole.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Chadbourne & Parke LLP, Bankruptcy, Debtor, Injunction, Standing (law), Underwriting, Casualty insurance, General Motors, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Howard Seife , David M. Raim , Donald J. Mros , Francisco Vazquez
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Account transfer in the event of an FCM liquidation
    2011-11-04

    This Client Alert addresses the impact on a customer of a futures commission merchant (FCM) with respect to his or her accounts held by that FCM prior to a filing for bankruptcy under Title 11 of the United States Code, 11 U.S.C. §§ 101-1532 (the Bankruptcy Code) by the FCM.

    Summary

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Debtor, Commodity, Futures contract, Commodity broker, Liquidation, Pro rata, Commodity Futures Trading Commission (USA), US Code, Title 11 of the US Code, Trustee
    Authors:
    Peter Y. Malyshev , Jonathan T. Ammons , Mark A. Broude , Emily B. Menchel
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Qimonda ruling protects licensees of U.S. patents, holding that application of German insolvency law to cancel licenses is “manifestly contrary” to U.S. public policy
    2011-11-07

    In a case of first impression, a U.S. bankruptcy court charged with enforcing the rights of a foreign insolvency administrator against assets in the United States has held that foreign insolvency law may not be invoked to cancel the rights of licensees of U.S. patents.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Ropes & Gray LLP, Royalty payment, Bankruptcy, Debtor, Substantive law, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Edward G. Black , Tony Horspool , David M. McIntosh , James M. Wilton
    Location:
    USA
    Firm:
    Ropes & Gray LLP
    Picard cannot make it so: Madoff trustee’s recoveries curtailed again
    2011-11-08

    In a client advisory sent by our office a few months ago, we described a decision in the Madoff saga in which the District Court for the Southern District of New York (the Court) closed off a potential avenue of significant recovery for the Madoff Trustee (the Trustee) and the Ponzi scheme victims by denying the Trustee standing to pursue certain claims against feeder funds – firms that sent investors’ funds to Madof

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Mintz, Bankruptcy, Security (finance), Fraud, Safe harbor (law), Standing (law), Good faith, Due diligence, Bad faith, Common law, JPMorgan Chase, UBS, Westlaw, Title 11 of the US Code, Trustee, US District Court for the Southern District of New York
    Location:
    USA
    Firm:
    Mintz
    Weathering the storm: Qimonda, patent licenses and § 365(n)
    2011-11-08

    On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion in the Chapter 15 case of Qimonda AG (“Qimonda”).1 The bankruptcy court held that the application of § 365(n) to executory licenses to U.S. patents was required to sufficiently protect the interests of U.S. patent licensees under Chapter 15 of the Bankruptcy Code and that the failure of German insolvency law to protect patent licensees was “manifestly contrary” to United States public policy.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Haynes and Boone LLP, Royalty payment, Bankruptcy, Debtor, Patent infringement, Discrimination, Testimony, Samsung, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Robin E. Phelan , Randall E. Colson , Andrew S. Ehmke , Autumn D. Highsmith
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    Are foreclosure sales final?
    2011-10-31

    Whittle Development, Inc. v. Branch Banking & Trust Co.

    Filed under:
    USA, Texas, Banking, Insolvency & Restructuring, Litigation, Real Estate, LeClairRyan, Credit (finance), Debtor, Collateral (finance), Debt, Foreclosure, Liquidation, Default (finance), Debtor in possession, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court, US District Court for Northern District of Texas
    Location:
    USA
    Firm:
    LeClairRyan
    Bankruptcy court upholds patent protections in cross-border case
    2011-11-02

    On October 28, 2011, the United States Bankruptcy Court for the Eastern District of Virginia issued an opinion with significant ramifications for any holder of a patent license that operates internationally.  At issue was an important protection afforded to patent licensees under the United States Bankruptcy Code, § 365(n), which limits a debtor's right to reject intellectual property licenses in bankruptcy and generally provides that, in the event of a rejection, the licensee may elect either to treat the license as terminated or retain its rights for the duration of the license.

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Bankruptcy, Debtor, Patent infringement, Remand (court procedure), Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    James H. Wallace, Jr. , H. Jason Gold , Scott A. Felder , Dylan G. Trache
    Location:
    USA
    Firm:
    Wiley Rein LLP

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