Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Tarnishing the debtor’s Halo – police power exemption applied to private actions
    2012-06-26

    The Bottom Line: 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Telecoms, Kramer Levin Naftalis & Frankel LLP, Fifth Circuit
    Authors:
    Benjamin C. Wolf
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Keogh plan with qualification defects found to be exempt from bankruptcy estate
    2012-06-27

    Generally, retirement plan benefits are excluded from a bankruptcy estate. However, if the retirement plan is not covered by Title I of the Employee Retirement Income Security Act of 1974 (ERISA), a separate exemption from the bankruptcy estate must be found. Some retirement plans are not covered by Title I of ERISA because they do not cover employees, which, for this purpose, excludes the sole owner of a business and the owner’s spouse. These types of plans are commonly referred to as “Keogh” plans.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Tax, Hodgson Russ LLP, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Tenth Circuit
    Authors:
    Peter K. Bradley , Anita Costello Greer , Michael J. Flanagan , Richard W. Kaiser , Arthur A. Marrapese III , Ryan M. Murphy
    Location:
    USA
    Firm:
    Hodgson Russ LLP
    ABA interim report on ESI in bankruptcy cases
    2012-06-28

    On March 15, 2012, the American Bar Association’s Electronic Discovery (ESI) in Bankruptcy Working Group (the “Working Group”) published an interim report addressing certain principles and suggested best practices for electronic discovery in bankruptcy cases (the “Interim Report”). The Working Group was formed to study and prepare guidelines or a “best practices” report on the scope and timing of a party’s obligation to preserve ESI in bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Liquidation, eDiscovery, American Bar Association
    Authors:
    Melinda Lackey , Anna Lamut , Martin Geagan
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    SDNY Bankruptcy Court opens door for rule 2004 use in Chapter 15
    2012-06-28

    On May 25, 2012, Judge Allan L. Gropper of the United States Bankruptcy Court for the Southern District of New York approved a motion to compel the production of certain documents under section 1521 of the Bankruptcy Code.  In his decision, Judge Gropper also suggested that the broad discovery provisions of Bankruptcy Rule 2004 may apply to chapter 15 discovery requests, but stopped short of making such a ruling.  In re Millennium Global Emerging Credit Master Fund Limited, Case No. 11-13171 (ALG), (Bankr. S.D.N.Y May 25, 2012).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Motion to compel, Title 11 of the US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Andrew M. Greenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Supreme Court declines to hear appeal on Madoff trustee’s net equity formula
    2012-06-28

    The Supreme Court has cleared the way for Irving Picard, the Trustee overseeing the Madoff liquidation proceeding, to distribute billions of dollars to victims of Madoff’s Ponzi scheme.  On Monday, the Court declined to hear appeals in two cases from the Second Circuit challenging Picard’s formula for repaying victims.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Liquidation, Supreme Court of the United States
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    U.S. Supreme Court rules the individual mandate is constitutional and limits Medicaid expansion laws
    2012-06-28

    The decision we've all been waiting for is in -- the U.S.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Tax, Squire Patton Boggs, Medicaid, Affordable Care Act 2010 (USA), Supreme Court of the United States
    Authors:
    Emily E. Root
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Madoff trustee targets European private banks with new lawsuits
    2012-06-29

    On June 6, 2012, the trustee liquidating Bernard L. Madoff Investment Securities Inc., Irving Picard, filed new lawsuits in the U.S. Bankruptcy Court in Manhattan against several European private banks. Included in the many new lawsuits he has filed are a complaint seeking $122.2 million against ABN Amro Fund Services Nominees Ltd.; a complaint seeking $108.1 million against Belgian private lender Banque Degroof SA; and two complaints filed against Swiss private banks EFG Bank SA and Lombard Odier Darier Hentsch & Cie, respectively seeking amounts of $354.9 million and $179.4 million.

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Sedgwick LLP, United States bankruptcy court
    Authors:
    Jennifer Q. Broda , Matthew M. Ferguson , Jennifer Hamilton , Thomas R. Orofino , Eric C. Scheiner
    Location:
    USA
    Firm:
    Sedgwick LLP
    FDIC and Treasury issue orderly liquidation rule
    2012-06-25

    On June 22nd, the Federal Deposit Insurance Corporation ("FDIC") and the Treasury Department issued a final rule on the calculation of the maximum obligation limitation ("MOL"), as specified in the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"). The MOL limits the aggregate amount of outstanding obligations that the FDIC may issue or incur in connection with the orderly liquidation of a covered financial company. The new rule is effective July 23, 2012.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Winston & Strawn LLP, Federal Deposit Insurance Corporation (USA), US Department of the Treasury
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Vitro: Chapter 15 and the limits of comity: Texas bankruptcy court refuses to enforce third-party release provisions in Mexican plan of reorganization
    2012-06-25

    On June 13, 2012, Judge Harlin D. Hale of the United States Bankruptcy Court for the Northern District of Texas refused to enforce provisions of a Mexican plan of reorganization that purported to extinguish guarantees by the debtor’s non-debtor subsidiaries.  In refusing to enforce the non-debtor release, Judge Hale held both that the release of non-debtor guarantors was contrary to United States public policy and that the release did not merit enforcement under the specific criteria of chapter 15 for granting relief to a foreign debtor.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debtor, Injunction, Comity, United States bankruptcy court
    Authors:
    Casey Servais
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Who’s SARE-y now? No “whole business enterprise” exception to single asset real estate provisions of Bankruptcy Code
    2012-06-25

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Debtor, Bank of America
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 934
    • Page 935
    • Page 936
    • Page 937
    • Current page 938
    • Page 939
    • Page 940
    • Page 941
    • Page 942
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days