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    Re: Agrokor DD et. al. [2018] Case No. 18-12104
    2019-02-13

    In October 2018 Judge Glenn of the United States Bankruptcy Court (New York) considered the common law principles of comity and the English common law Gibbs rule to grant recognition of a Croatian company's settlement agreement which modified both New York and English law.

    Background

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Ashfords LLP, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Emma Hindon , Alan Bennett
    Location:
    USA
    Firm:
    Ashfords LLP
    Into the Void (Again): PG&E Intends to Enter Bankruptcy Proceedings - Possible Consequences for Renewable PPAs
    2019-01-24

    After months of speculation, it is now official : PG&E (both the parent, PG&E Corporation, and its subsidiary, Pacific Gas & Electric Company), having faced extraordinary challenges relating to catastrophic wildfires in 2017 and 2018, has announced that a voluntary bankruptcy filing “is appropriate, necessary and in the best interests of all stakeholders, including wildfire claimants, PG&E’s other creditors and shareholders, and is ultimately the only viable option to restore PG&E’s financial stability to fund ongoing operations and provide safe service to customers.” As

    Filed under:
    USA, California, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Renewable energy, Power purchase agreement, FERC, California Public Utilities Commission, Title 11 of the US Code, Federal Power Act 1920 (USA)
    Authors:
    J Paul Forrester , Sean T. Scott , Andrew Young , Nadav C. Klugman , Jarrett J. Doe
    Location:
    USA
    Firm:
    Mayer Brown
    Bankruptcy Court Finds Arbitration Clause in Consumer Loan Contract to be Sufficient Cause to Grant Relief from Automatic Stay
    2018-09-28

    When a bankruptcy petition is filed, an automatic stay comes into effect staying proceedings against the debtor or the debtor’s property. 11 U.S.C. § 362(a). The stay centralizes litigation regarding the debtor and its property in the debtor’s bankruptcy case. When contract entered into pre-bankruptcy contains an arbitration clause, a bankruptcy court will consider if the stay should be enforced or if the parties can resolve the matter in arbitration. In In re Argon Credit, LLC, No. 16-39654 (Bankr. N.D. Ill. Sept.

    Filed under:
    USA, Illinois, Arbitration & ADR, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, Arbitration clause, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jonah Wacholder , Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Lease termination disputes and bankruptcy
    2018-08-14

    As the brick and mortar retail industry continues to decline, landlords are likely to engage in an increasing number of lease disputes with delinquent tenants. As we have seen over the past five years, those disputes often end up in bankruptcy court and may drag on for months before a landlord is able to shake its non-performing tenant. But what if the landlord terminated the lease before the tenant filed for bankruptcy relief? Can the tenant revive and assume the lease? In some instances, yes.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Real Estate, Kane Russell Coleman Logan PC, Bankruptcy, Debt restructuring, Title 11 of the US Code
    Authors:
    John Kane
    Location:
    USA
    Firm:
    Kane Russell Coleman Logan PC
    Awkward: Old Friend From Church Blocks Discharge of Student Loan Debt
    2018-04-02

    Providing an exception to the axiom that no good deed goes unpunished, a Texas bankruptcy court recently declared nondischargeable a debt owed to a guarantor who had been forced to pay the debtor’s defaulted student loan.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Title 11 of the US Code, Third Circuit, US District Court for Southern District of Texas
    Authors:
    William Maloney
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Consumer Bankruptcy Committee Issues Observations and Recommendations Regarding Student Loan Debts
    2018-03-14

    As summarized in the March 2018 issue of the American Bankruptcy Institute Journal, ABI’s Consumer Bankruptcy Committee has recently issued several recommendations and made several observations regarding the treatment of student loans under the Bankruptcy Code, codified in Title 11 of the United States Code.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Student loan, Title 11 of the US Code
    Authors:
    David M. Gettings , Timothy "Tim" J. St. George , Stephen C. Piepgrass , Alan D. Wingfield , Amir Shachmurove
    Location:
    USA
    Firm:
    Troutman Pepper
    Fraudulent Transfer Avoidance Recovery Not Limited to Total Amount of Creditor Claims
    2018-02-02

    Courts disagree as to whether the amount that a bankruptcy trustee or chapter 11 debtor-in-possession ("DIP" ) can recover in fraudulent transfer avoidance litigation should be capped at the total amount of unsecured claims against the estate. A Delaware bankruptcy court recently weighed in on this issue in PAH Litigation Trust v. Water Street Healthcare Partners, L.P. (In re Physiotherapy Holdings, Inc.), 2017 WL 5054308 (Bankr. D. Del. Nov. 1, 2017). Noting the absence of any guidance on the question from the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Jones Day, Debtor in possession, Federal Deposit Insurance Corporation (USA), Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, US District Court for the Southern District of New York
    Authors:
    Jane Rue Wittstein , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Supreme Court to Consider Limitation on Bankruptcy Trustee Avoidance Powers: Transfers Through "Conduits" at Issue
    2017-12-12

    In bankruptcy, one of the “powers” granted to a trustee is the ability to undo previously completed transactions in order to facilitate payments to creditors. However, the Bankruptcy Code prevents a trustee from unwinding certain types of transactions. The safe harbor provision of 11 U.S.C. § 546(e) protects financial institutions performing securities transactions from having to disgorge payments initially made by a now bankrupt company.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Title 11 of the US Code, Supreme Court of the United States, US District Court for Northern District of Illinois
    Authors:
    H. Jason Gold , David M. Barnes, Jr.
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    United States: Creating COMI - Are attitudes shifting towards COMI shifting?
    2017-10-04

    In many decisions involving US chapter 15 cases, the bankruptcy court’s principal focus will be on what is the debtor’s center of main interests (COMI). An ancillary issue is whether it is appropriate to create COMI to obtain the benefit of a more favorable jurisdiction to restructure a company’s debt (otherwise known as “COMI shifting”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Debra A. Dandeneau
    Location:
    USA
    Firm:
    Baker McKenzie
    8th Cir. Rules on Bankruptcy Trustee’s Ability to Recover Overdraft Covering Deposits
    2017-06-27

    In a bankruptcy preferential transfer dispute, the U.S. Court of Appeals for the Eighth Circuit recently held that the bankruptcy trustee could recover true overdraft covering deposits, while deposits covering intra-day overdrafts were not recoverable.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Debtor, Title 11 of the US Code, Eighth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP

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