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    Ever-Expanding Safe Harbor Leaves Creditors’ Claims Stranded at Sea
    2016-04-12

    Second Circuit holds that Bankruptcy Code preempts creditors’ state law constructive fraud claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Federal preemption, Shareholder, Fraud, Leveraged buyout, Title 11 of the US Code, Second Circuit
    Authors:
    Mark A. Broude , Matthew L. Warren
    Location:
    USA
    Firm:
    Latham & Watkins 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
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Bad facts, good law? Important new circuit-level guidance on Chapter 15 recognition and enforcement of foreign reorganization orders
    2012-12-20

    Introduction

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debt, Title 11 of the US Code, Fifth Circuit
    Authors:
    Mark A. Broude
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    First test case for Dubai’s innovative Decree 57 restructuring regime
    2012-07-02

    On April 1, 2012 Drydocks World LLC (DDW) and its subsidiary Drydocks World — Dubai LLC (DDW Dubai), a Dubai- and Asia-based ship building and repair company that is wholly owned by Dubai World, became the first company to commence a reorganization proceeding in the Special Tribunal1 (the Tribunal) created by Dubai Decree No. 57 for 2009 (Decree 57) and avail itself of Decree 57’s integrated legal framework.

    Filed under:
    Singapore, United Arab Emirates, United Kingdom, USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Title 11 of the US Code, Dubai International Financial Centre, DIFC Courts
    Authors:
    Christopher Hall , Adam J. Goldberg , Mitchell A. Seider
    Location:
    Singapore, United Arab Emirates, United Kingdom, USA
    Firm:
    Latham & Watkins 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, US Code, Title 11 of the US Code, Commodity Futures Trading Commission (USA), Trustee
    Authors:
    Mark A. Broude
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    District court reverses bankruptcy court’s decision in TOUSA
    2011-03-15

    3V Capital Master Fund LTD. v. Official Comm. of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2011 U.S. Dist. LEXIS 14019 (S.D. Fla. Feb. 11, 2011).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Surety, Debtor, Unsecured debt, Breach of contract, Interest, Debt, Subsidiary, Secured loan, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, US District Court for Southern District of Florida
    Authors:
    Mitchell A. Seider , Melinda C. Franek , Emily B. Menchel
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    The 'flip' flap: Lehman bankruptcy judge invalidates payment priority clause
    2010-05-13

    Introduction

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Collateral (finance), Swap (finance), Public limited company, Default (finance), Secured loan, Title 11 of the US Code, Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice, United States bankruptcy court
    Authors:
    Robert J. Rosenberg , Guy Dempsey , Adam J. Goldberg , Amber L. Haywood
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Subsequent Transferee Retains Jury Trial Rights Notwithstanding Initial Transferee’s Waiver
    2020-06-08

    It is well established that by filing a proof of claim in bankruptcy, a creditor submits itself to the equitable jurisdiction of the bankruptcy court and waives any right it would otherwise have to a jury trial with respect to any issue that “bears directly on the allowance of its claim.” Such a waiver normally applies in fraudulent transfer actions, since under Section 502(d) of the Bankruptcy Code the court must disallow a claim of any entity that received an avoidable transfer.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Title 11 of the US Code
    Authors:
    Shmuel Vasser , Yehuda Goor
    Location:
    USA
    Firm:
    Dechert LLP
    Fifth Circuit holds foreign representatives may bring foreign law avoidance actions under Chapter 15 of Bankruptcy Code
    2010-04-05

    The United States Court of Appeals for the Fifth Circuit on March 17, 2010 held that foreign representatives appointed in a foreign insolvency proceed-ing have the authority to bring a foreign law based avoidance action in an ancillary bankruptcy proceeding commenced under Chapter 15 of the Bankruptcy Code, reversing the lower court opinions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, Liquidation, Subject-matter jurisdiction, US Code, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, US District Court for SDNY
    Location:
    USA
    Firm:
    Dechert LLP
    Fresh Air and Fresh Start: Are Environmental Liabilities Dischargeable?
    2020-05-06

    Two courts recently answered “yes,” finding that environmental claims brought against reorganized debtors by government entities were discharged under confirmed Chapter 11 plans of reorganization. In In re Exide Techs., 613 B.R. 79 (D. Del. 2020), the District of Delaware held that pre-petition, non-compensatory air quality penalties imposed on a Chapter 11 debtor by a state regulator were subject to discharge in bankruptcy. And in In re Peabody Energy Corp.

    I.Exide Techs.: the Bankruptcy Code’s Exceptions to Dischargeability

    Filed under:
    USA, Environment & Climate Change, Insolvency & Restructuring, Litigation, Dechert LLP, Title 11 of the US Code
    Authors:
    Shmuel Vasser , Yehuda Goor
    Location:
    USA
    Firm:
    Dechert LLP

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