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    E Pluribus Unum or Ex Uno Plures? Attempted ABS Master Lease Rejection in the Hertz Bankruptcy
    2020-10-08

    Since filing for Chapter 11 in May 2020, Hertz and its major stakeholders have been in negotiations and, at times, disputes over how best to reduce Hertz’s nearly half-a-million vehicle fleet. These negotiations and disputes have caught the eye of investors in asset-backed securities (“ABS”) and market watchers alike, as the outcome of the case could have rippling effects across the ABS industry and capital markets, generally.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Asset-backed security, United States bankruptcy court
    Authors:
    Sean T. Scott , Aaron Gavant , Kyle J. Tum Suden
    Location:
    USA
    Firm:
    Mayer Brown
    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
    When international arbitrations and US bankruptcies collide
    2010-07-20

    The question of what happens to an international arbitration when a party files for bankruptcy in the United States is arising with increasing frequency. In the United States, the public policy interests that underlie both bankruptcy and arbitration legislation sometimes clash on critical points. The federal courts have developed competing approaches to addressing these issues. This fractured caselaw introduces uncertainty at the intersection of arbitration and bankruptcy.

    US Bankruptcy Code

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Dispute resolution, Liquidation, Federal Arbitration Act 1926 (USA), US Congress, United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    Jurisdictional Conflict Between FERC and Bankruptcy Courts Spills Over to Natural Gas Agreements
    2020-07-06

    The existing jurisdictional conflict1 between US bankruptcy courts under the Federal Bankruptcy Code and the Federal Energy Regulatory Commission (FERC) regarding required approvals for a debtor in bankruptcy to reject an executory Federal Power Act (FPA)-jurisdictional agreement has also been asserted by FERC with respect to Natural Gas Act (NGA)-jurisdictiona

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Mayer Brown, United States bankruptcy court
    Authors:
    J. Paul Forrester
    Location:
    USA
    Firm:
    Mayer Brown
    In re Fairfield Sentry Ltd.: Second Circuit Court of Appeals provides guidance to “COMI” determinations in Chapter 15 cases
    2013-04-19

    On April 16, 2013, in Morning Mist Holdings Ltd. v. Krys (In re Fairfield Sentry Ltd.),1 the US Court of Appeals for the Second Circuit issued an important decision informing fundamental concepts of cross-border insolvency law as implemented pursuant to Chapter 15 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Brian Trust , Frederick D. Hyman , Joel Moss
    Location:
    USA
    Firm:
    Mayer Brown
    Protecting trademark licensee’s right to continued use of trademark when licensor declares bankruptcy
    2010-07-06

    In the case of In re: Exide Technologies, decided on June 1, 2010, the US Court of Appeals for the Third Circuit reversed two lower court decisions and held that a 1991 agreement between Exide Technologies and EnerSys Delaware Inc., which included a license to EnerSys for use of the “EXIDE” trademark, is not an executory contract that can be rejected by Exide in bankruptcy proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Mayer Brown, Bankruptcy, Debtor, Breach of contract, Debtor in possession, US Code, United States bankruptcy court, Third Circuit
    Authors:
    Richard M. Assmus
    Location:
    USA
    Firm:
    Mayer Brown
    Seventh Circuit upholds pre-petition and post-petition transfers in sentinel matter
    2014-05-22

    The Seventh Circuit has reversed the district  court’s decision in the Sentinel matter and ruled that the Bankruptcy Court’s allowance of a pre-petition transfer and authorization of a post-petition transfer of assets by Sentinel to its FCM customers was permitted under the Bankruptcy Code.  The District Court had previously avoided the $22.5 million pre-petition transfer of funds to FCM customers and the $297 million post-petition transfer of funds authorized by the Bankruptcy Court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker McKenzie, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Baker McKenzie
    Second Circuit holds that a U.S. bankruptcy court may not recognize a foreign insolvency proceeding unless the debtor has a domicile, residence, business, or property in the U.S
    2014-03-31

    In Re: Katherine Elizabeth Barnet, No. 13-612 (2d Cir. Dec. 11, 2013) [click for opinion]

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Debtor, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Baker McKenzie
    Court determines that public policy supports application of United States Bankruptcy Code to U.S. assets even if it conflicts with the law of the country in which the foreign main proceeding is pending
    2012-03-27

    In re: Qimonda AG, No. 09-14766-SM, Bankr. E.D. Va. (Oct. 28, 2011) [click for opinion]

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Litigation, Patents, Baker McKenzie, Debtor, US Code, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Baker McKenzie
    Personal Jurisdiction. District court holds that the use of a correspondent bank account provides a sufficient basis to exercise personal jurisdiction over a foreign bank.
    2016-07-19

    Official Comm. of Unsecured Creditors of Arcapita, Bank. B.S.C. v. Bahr. Islamic Bank, No. 15-cv-03828 (S.D.N.Y. Mar. 30, 2016) [click for opinion]

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Unsecured debt, Security (finance), Personal jurisdiction, Debt, Due process, Second Circuit, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Baker McKenzie

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