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    Singapore and Delaware courts adopt Guidelines for Communication and Cooperation between Courts in Cross-Border Insolvency matters
    2017-02-14

    On 1 February 2017, the Supreme Court of Singapore and the United States Bankruptcy Court for the District of Delaware announced that they will formally implement the Guidelines for Communication and Cooperation between Courts in Cross-border Insolvency Matters ("Guidelines").

    Filed under:
    Singapore, USA, Delaware, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Alastair Henderson , Paul Apáthy , Emmanuel Chua
    Location:
    Singapore, USA
    Firm:
    Herbert Smith Freehills LLP
    An exercise in cross border cooperation: Gandi Innovations Limited, Gandi Innovations Holdings LLC and Gandi Innovations LLC
    2009-07-15

    On May 8, 2009, the Honourable Madam Justice Hoy of the Ontario Superior Court of Justice (Commercial List) granted an Initial Order under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C36, as amended (the “CCAA”) in respect of Gandi Innovations Limited (“Gandi Canada”), Gandi Innovations Holdings LLC (“Gandi Holdings”) and Gandi Innovations LLC (“Gandi Texas”) (collectively, the “Gandi Group”).

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Retirement, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court
    Authors:
    Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Judge rules against Madoff feeder fund investors
    2011-07-11

    On June 28th, the Bankruptcy Court overseeing the liquidation of Bernard Madoff's broker-dealer ruled that investors in funds that in turn invested with Madoff are not claimants within the meaning of the Securities Investor Protection Act. SIPC v. Bernard L. Madoff Investment Securities LLC. See also Reuters.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Winston & Strawn LLP, Security (finance), Liquidation, Broker-dealer, Securities Investor Protection Corporation, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Special bankruptcy court considered for financial firms
    2010-01-19

    The Senate Banking Committee is considering the establishment of a special bankruptcy court for financial firms as part of its regulatory reform measures. Bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    First Circuit denies post-petition interest to senior unsecured creditors
    2011-07-05

    The United States Court of Appeals for the First Circuit upheld a bankruptcy court’s ruling that, where subordination agreements lacked explicit provisions addressing the payment of post-petition interest on senior unsecured debt, the agreements were ambiguous, and an inquiry into the parties’ intent was required. After probing the facts and analyzing New York law, the bankruptcy court determined that the contracting parties did not intend to subordinate the junior unsecured debt to post-petition interest on the senior debt.

    Background

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Unsecured debt, Statutory interpretation, Interest, Federal Reporter, Debt, US Code, United States bankruptcy court, First Circuit, Trustee
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Second Circuit permits unsecured claim for post-petition attorneys’ fees authorized under a valid pre-petition contract
    2009-12-09

    In a recent holding that a creditor may collect, on an unsecured basis, post-petition attorneys’ fees under an otherwise enforceable pre-petition contract, the Second Circuit Court of Appeals followed a similar ruling by the Ninth Circuit earlier this year, adding to a conflict among the circuits on this issue.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Surety, Debtor, Unsecured debt, Interest, Liquidation, Unsecured creditor, Title 11 of the US Code, Eighth Circuit, SCOTUS, Second Circuit, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    First Circuit addresses bankruptcy priority
    2011-06-27

    On June 23rd, the First Circuit addressed the priority of claims asserted by senior noteholders and junior noteholders of debt issued by an insolvent bank. It affirmed the bankruptcy court's finding that the parties did not intend for the senior noteholders to receive post-petition interest payments prior to the junior noteholders receiving a distribution. In re: Bank of New England Corporation, Debtor.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Debtor, Interest, Debt, United States bankruptcy court, First Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Third Circuit applies Rooker-Feldman doctrine to case seeking rescission of a mortgage
    2009-11-16

    On November 12th, the Third Circuit affirmed both bankruptcy and district court findings that, under the Rooker-Feldman doctrine, federal courts lacked subject matter jurisdiction over a claim seeking rescission of a mortgage filed in an adversarial action in federal bankruptcy court after a state court entered a default foreclosure order on that mortgage. The Third Circuit held further that the entry of summary judgment against plaintiff on her Truth in Lending Act claim was proper.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Mortgage loan, Foreclosure, Default (finance), Subject-matter jurisdiction, Truth in Lending Act 1968 (USA), United States bankruptcy court, Third Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    In pari delicto
    2011-04-18

    On April 12th, a federal district court addressed the in pari delicto defense, including the sole actor exception to the adverse interest exception. In the instant case, a litigation trust created in bankruptcy court to pursue the debtor's claims sued Credit Suisse for allegedly assisting the debtor's founders' looting of the debtor's subsidiaries. Credit Suisse sought summary judgment, asserting the in pari delicto defense. The Court agreed, finding that the evidence supported the conclusion that the founders so dominated the subsidiaries that the subsidiaries lacked a separate existence.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Interest, Subsidiary, Credit Suisse, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Bankruptcy court sanctions home foreclosure processing servicer
    2011-04-18

    On April 7th, a federal bankruptcy court sanctioned Lender Processing Services, Inc., a home foreclosure service provider against whom the Federal Reserve Board and OCC have initiated enforcement action. The opinion explains LPS's business model and that model's failings, and cites case law documenting LPS's historic shortcomings. It reminds litigants that proving a default is the lender's, not counsel's, responsibility. In re Ron Wilson, Sr.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Foreclosure, Federal Reserve Board, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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