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    Second Circuit adds eligibility requirement for Chapter 15 cases
    2013-12-17

    A recent decision of the Second Circuit Court of Appeals has added an additional eligibility requirement for the filing of Chapter 15 cases. In Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), ___ F.3d ___, 2013 WL 6482499 (2d Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Debtor, Title 11 of the US Code, Second Circuit
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Second Circuit ruling appears to limit ability of U.S. Bankruptcy Courts to assist foreign debtors
    2013-12-17

     

     

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Debtor, Discovery, US Code, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    William C. Heuer , Rudolph J. Di Massa, Jr. , Rosanne Ciambrone , Ron Oliner , Gerard S. Catalanello , James J. Vincequerra
    Location:
    USA
    Firm:
    Duane Morris LLP
    Another U.S. Court of Appeals decision protects U.S. creditors from the effects of foreign bankruptcy law
    2013-12-12

    One of the effects of commercial globalization is that the bankruptcy filing of a debtor with transnational business relationships will sometimes result in a clash between the substantive bankruptcy laws of different countries.  A frequent question is whether the bankruptcy laws of a foreign country should be brought to bear upon creditors located in the United States, even where foreign bankruptcy law is at odds with the laws of the United States. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Bankruptcy, Debtor, Substantive law, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Authors:
    Ari Newman
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Fourth Circuit upholds extension of U.S. Bankruptcy Code protections to intellectual property licensees in chapter 15 case
    2013-12-12

    The United States Court of Appeals for the Fourth Circuit recently affirmed the bankruptcy court decision in the Qimonda AG chapter 15 bankruptcy case,1 providing that holders of intellectual property licenses based on U.S. patents are entitled to the special protections contained in 11 U.S.C. § 365(n).2 In so doing, the court bolstered the rights of U.S. intellectual property licensees whose agreements might otherwise be vulnerable to termination in a cross-border insolvency proceeding.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Thompson Hine LLP, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit
    Authors:
    Alan R. Lepene , William H. Schrag , James Henderson , Curtis L. Tuggle , Andrew L. Turscak, Jr.
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Second Circuit holds that chapter 15 debtors must satisfy eligibility requirements of section 109(a) of the Bankruptcy Code in order to be eligible for relief
    2013-12-17

    In a case of importance to foreign representatives of foreign debtors seeking the assistance of US courts pursuant to chapter 15 of the Bankruptcy Code, the US Court of Appeals for the Second Circuit has held that the debtor eligibility requirements of section 109(a) of the US Bankruptcy Code apply in cases under chapter 15 as they would in cases under other chapters of the Bankruptcy Code. The decision in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), Case No. 13-612 (2d Cir. Dec.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Joel Moss , Devi Shah , Ashley Katz , Ian R. D. Chapman , John M. Marsden , Thomas A. Pugh
    Location:
    USA
    Firm:
    Mayer Brown
    Court rules that Detroit is eligible for Chapter 9 and that pensions may be impaired in Chapter 9
    2013-12-06

    On December 5, 2013, the U.S. Bankruptcy Court for the Eastern District of Michigan released its 143 page decision upholding the City of Detroit’s eligibility to be a debtor under chapter 9 of the United States Bankruptcy Code.  In re City of Detroit, Michigan, Case No. 13-53846 (Bankr. E.D. Mich. Dec.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Constitutionality, Title 11 of the US Code, US District Court for Eastern District of Michigan
    Authors:
    Ingrid Bagby , Thomas Curtin , Mark C. Ellenberg , Ivan Loncar , Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Fourth Circuit addresses protections for us IP licenses in case under chapter 15 of the Bankruptcy Code
    2013-12-11

    In a case of significant importance to licensees of US intellectual property, the US Court of Appeals for the Fourth Circuit held in Jaffé v. Samsung Electronics Co. (In re Qimonda), Case No. 12-1802, 2003 WL 26478864 (4th Cir. Dec. 3, 2013) (“Jaffé”), that a bankruptcy court did not err by requiring that the protections of section 365(n) of the Bankruptcy Code apply with respect to a foreign debtor’s US intellectual property (“IP”) as a condition of granting the debtor’s foreign representative relief under chapter 15 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    Mayer Brown
    Fourth Circuit protects rights of patent licensees in cross-border bankruptcy case
    2013-12-05

     

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Wiley Rein LLP, Debtor, Title 11 of the US Code, United States bankruptcy court, Fourth Circuit
    Authors:
    Dylan G. Trache , Scott A. Felder
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Amendments to the federal bankruptcy rules, plus a new "free and clear" sale motion filing fee, to take effect December 1, 2013
    2013-11-19

    Almost every year, changes are made to the set of rules that govern how bankruptcy cases are managed -- the Federal Rules of Bankruptcy Procedure. The changes address issues identified by an Advisory Committee made up of federal judges, bankruptcy attorneys, and others.

    Filed under:
    USA, Insolvency & Restructuring, Cooley LLP, Title 11 of the US Code
    Authors:
    Robert Eisenbach
    Location:
    USA
    Firm:
    Cooley LLP
    Stockbroker defense shields Ponzi-scheme broker fees and commissions from avoidance
    2013-11-21

    InGrayson Consulting, Inc. v. Wachovia Securities, LLC (In re Derivium Capital LLC), 716 F.3d 355 (4th Cir. 2013), the U.S. Court of Appeals for the Fourth Circuit examined whether certain securities transferred and payments made during the course of a Ponzi scheme could be avoided as fraudulent transfers under sections 544 and 548 of the Bankruptcy Code. The court upheld a judgment denying avoidance of pre-bankruptcy transfers of securities because the debtor did not have an “interest” in the securities at the time of the transfers.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Conflict of laws, Debtor, Security (finance), Title 11 of the US Code, Fourth Circuit
    Authors:
    Dara R. Levinson , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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