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    Special Masters Are Needed In Bankruptcy, Part 1: Use Of Special Masters In Federal District Courts Under Rule 53
    2024-02-22

    This is the first in a series of four articles on why Fed.R.Bankr.P. 9031, titled “Masters Not Authorized,” needs to be amended to authorize the utilization of special masters in complex bankruptcy cases.

    The focus of this first article is on how special masters are already utilized, effectively, by federal district courts under Fed.R.Civ.P. 53 (titled, “Masters”).[Fn. 1]

    Special Masters in Federal Courts

    –A Brief History

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, US Constitution
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    A Tale of Two Chapters - “Recognizing” the Significant Differences Between Chapter 15 and Chapter 11 Bankruptcy Cases
    2023-10-04

    In contrast to a case under Chapter 11 of the Bankruptcy Code, which centralizes a company’s debt adjustment efforts in the U.S. and provides for expansive oversight and supervision by a U.S. court, a Chapter 15 recognition proceeding is an ancillary proceeding in which the U.S. court acknowledges the foreign proceeding and gives it effect under applicable U.S. law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Sidley Austin LLP, Insolvency, UNCITRAL, US Congress, ASICS, US Constitution, Chapter 11, US Bankruptcy Code, Chapter 15, US Bankruptcy Code, US Bankruptcy Court for the Southern District of New York
    Authors:
    Stephen E. Hessler , Anthony R. Grossi , Carrie Li , Christopher Cheng , Gordon Davidson , Ameneh Bordi , Juliana Hoffman
    Location:
    USA
    Firm:
    Sidley Austin LLP
    Tribunal ruling favours debtors whose main clients are public entities
    2015-05-22

    Background

    In accordance with the Constitution, companies that want to contract with government entities must participate in a tender process (Article 37, XXI). Under the Law of Tenders (Law 8,666/1993) – which governs government procurement – a company must prove that it has the necessary technical and financial qualifications and that it has regularly met its tax and labour obligations in order to participate in a bid.

    Filed under:
    Brazil, Insolvency & Restructuring, Litigation, Projects & Procurement, Castro, Barros, Sobral, Gomes Advogados, US Constitution
    Authors:
    Sergio Savi
    Location:
    Brazil
    Firm:
    Castro, Barros, Sobral, Gomes Advogados
    Bond’s Bell group litigation never dies: High Court strikes down WA laws as constitutionally invalid
    2016-05-26

    Bell Group N. V (in liquidation) v Western Australia [2016] HCA 21

    Alan Bond passed away last year, but the legal battles over the 1990 collapse of his Bell Group companies may yet continue. The High Court has declared state legislation, which was designed to end the long-running litigation by short-circuiting certain aspects of the Corporations Act 2001 (C’th), constitutionally invalid.

    Background

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Tax, The Commercial Bar Association of Victoria, Liquidation, Liquidator (law), US Constitution, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Evelyn R Tadros
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    U.S. Supreme Court Scuttles Puerto Rico’s 2014 Municipal Debt Restructuring Law
    2016-08-08

    On June 13, 2016, the U.S. Supreme Court upheld lower court rulings declaring unconstitutional a 2014 Puerto Rico law, portions of which mirrored chapter 9 of the Bankruptcy Code, that would have allowed the commonwealth’s public instrumentalities to restructure a significant portion of Puerto Rico’s bond debt (widely reported to be as much as $72 billion). In Commonwealth v. Franklin Cal. Tax-Free Tr., 2016 BL 187308 (U.S.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Jones Day, Federal preemption, Bankruptcy, Debtor, Federal Reporter, Debt, Constitutionality, US Congress, Title 11 of the US Code, US Constitution, Supreme Court of the United States, United States bankruptcy court, First Circuit
    Authors:
    Ben Rosenblum , Mark G. Douglas
    Location:
    Puerto Rico, USA
    Firm:
    Jones Day
    When can environmental regulatory orders be compromised claims under the Companies’ Creditors Arrangement Act? Supreme Court of Canada provides clarification
    2012-12-11

    Newfoundland and Labrador v. AbitibiBowater Inc., 2012 SCC 67

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Osler Hoskin & Harcourt LLP, US Constitution, Supreme Court of Canada, Quebec Court of Appeal
    Authors:
    Daniel Kirby , Edward A. Sellers , Jack Coop , Jennifer Fairfax , Mary Paterson , Stephanie Fujarczuk
    Location:
    Canada
    Firm:
    Osler Hoskin & Harcourt LLP
    Insolvency proceedings in Canada
    2010-01-20

    introduction

    This document provides a brief overview of insolvency proceedings in Canada. It outlines the Canadian legislative framework and briefly describes the receivership process, the bankruptcy regime and the formal restructuring alternatives available to debtors.

    legislative framework

    Filed under:
    Canada, Insolvency & Restructuring, McMillan LLP, Bankruptcy, Debtor, Collateral (finance), Personal property, Liability (financial accounting), Liquidation, Secured creditor, US Federal Government, US Constitution, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    McMillan LLP
    Supreme Court holds that NAMA could not make a decision prior to being established
    2011-03-30

    InDellway and Ors. v National Asset Management Agency & Ors., a number of companies and Paddy McKillen appealed a decision of the High Court in relation to the purported acquisition of €2∙1 billion in loans to the appellant companies by NAMA.

    The appeal was brought on five grounds:

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, State aid, Direct effect of EU law, European Commission, US Constitution, Supreme Court of the United States
    Authors:
    Declan Black , Maurice Phelan , Judith Riordan , Frank Flanagan
    Location:
    Ireland
    Firm:
    Mason Hayes & Curran LLP
    Puerto Rico’s Restructuring: A Brief Update
    2019-03-05

    There have been two significant developments in the ongoing restructuring case for the Commonwealth of Puerto Rico. First, as was widely expected, District Judge Laura Taylor Swain entered orders on February 4 and 5, respectively, approving the Commonwealth’s entry into the Commonwealth-COFINA settlement (which we reported on here) and confirming the Title III Plan of Adjustment for COFINA.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, US Constitution
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Millenium Lab Holdings - Ruling on Third Party Releases Highlights Continuing Constitutional Questions Regarding Power of Bankruptcy Courts
    2017-05-16

    In Millenium Lab Holdings, Delaware District Court Judge Leonard Stark, on an appeal from a bankruptcy court order confirming a plan of reorganization, recently upheld a challenge to the bankruptcy court’s constitutional authority to release claims against non-debtor third parties under the plan.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Constitutionality, US Congress, US Code, US Constitution, Article III US Constitution, Article I US Constitution, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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