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    Foreign Debtor’s COMI Shift Dooms Bid for Chapter 15 Recognition
    2019-08-19

    In In re O’Reilly, 598 B.R. 784 (Bankr. W.D. Pa. 2019), the U.S. Bankruptcy Court for the Western District of Pennsylvania denied the petition of a foreign bankruptcy trustee for recognition under chapter 15 of the Bankruptcy Code of a debtor’s Bahamian bankruptcy case. Although the Bahamian bankruptcy was otherwise eligible for chapter 15 recognition, the U.S.

    Filed under:
    Bahamas, USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit
    Authors:
    Dan T. Moss , Mark G. Douglas
    Location:
    Bahamas, USA
    Firm:
    Jones Day
    Brazilian reorganization plan: fundamentally fair or wholesale trampling of creditors’ rights?
    2014-10-09

    The United States Bankruptcy Court for the Southern District of New York was recently presented in In re Rede Energia, S.A.with the question of whether a confirmed Brazilian reorganization plan for Rede Energia, S.A. should be enforced in the United States.

    Filed under:
    Brazil, USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sunny Singh
    Location:
    Brazil, USA
    Firm:
    Weil Gotshal & Manges LLP
    Chapter 15 provides restructuring avenue for Brazilian companies
    2015-10-01

    The chapter 15 cases of OAS S.A. ("OAS") and its affiliates represent the second time in less than one year that a U.S. bankruptcy court has been confronted with a serious challenge to the recognition of insolvency proceedings in Brazil by a group of U.S. creditors. The latest challenge focused on two separate lines of attack: (1) whether the "foreign representative" authorized to commence a chapter 15 case can be appointed by the company rather than the foreign insolvency court; and (2) whether Brazilian insolvency law is manifestly contrary to U.S. public policy.

    Filed under:
    Brazil, USA, New York, Insolvency & Restructuring, Litigation, Jones Day, UNCITRAL, United States bankruptcy court
    Authors:
    Pedro A. Jimenez , Mark G. Douglas
    Location:
    Brazil, USA
    Firm:
    Jones Day
    Arbitration and bankruptcy in Brazil
    2010-07-20

    Although in some jurisdictions arbitration is a long-established form of alternative dispute resolution, this mechanism has only recently been regulated in Brazil. The Brazilian Commercial Code, enacted in 1850, already included a few sparse provisions regarding commercial arbitration, but there were no references to specific rules. It was not until 1996 that Brazil passed its first specific arbitration statute, Law No. 9,307/96 (Arbitration Law).

    Filed under:
    Brazil, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Arbitration clause, Arbitration award, Decentralisation, Liquidation, Capital punishment, UNCITRAL, United States bankruptcy court
    Authors:
    Leonardo P. Costa , Fernando Fernandes Xavier
    Location:
    Brazil
    Firm:
    Mayer Brown
    In re Creative Finance Ltd. (In Liquidation), No. 14-10358, 2016 WL 156299 (Bankr. S.D.N.Y. Jan. 13, 2016)
    2016-03-30

    The US Bankruptcy Court for the Southern District of New York has dismissed a case filed under Chapter 15 of the US Bankruptcy Code as the debtor's centre of main interest ("COMI") was not in the jurisdiction where the initial Liquidation was filed.

    Creative Finance Ltd was incorporated in the British Virgin Islands in 1995. However the Company's main trade occurred in England, Dubai and Spain. In December 2013 the Company filed for Liquidation in the BVI, being its place of incorporation, and a Liquidator was duly appointed.

    Filed under:
    British Virgin Islands, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP, Liquidation, United States bankruptcy court
    Authors:
    Emma Clayton
    Location:
    British Virgin Islands, USA
    Firm:
    Ashfords LLP
    Second Circuit establishes relevant time period for center of main interests determination under chapter 15 of the Bankruptcy Code
    2013-04-29

     

    In Morning Mist Holdings Limited v. Krys (In re Fairfield Sentry Limited), Case No. 11-4376, 2013 WL 1593348 (2d Cir.

    Filed under:
    British Virgin Islands, USA, Insolvency & Restructuring, Litigation, Duane Morris LLP, Liquidation, Title 11 of the US Code, Second Circuit, United States bankruptcy court, Fifth Circuit
    Authors:
    Rudolph J. Di Massa, Jr. , William C. Heuer , Ron Oliner , Rosanne Ciambrone
    Location:
    British Virgin Islands, USA
    Firm:
    Duane Morris LLP
    Chapter 15 recognition: Fairfield Sentry Limited (in liquidation)
    2010-10-29

    As well as issuing claims in mistake and restitution in the BVI Commercial Court and the US State Supreme Court, the liquidators of Fairfield Sentry Limited (“the Fund”) also petitioned for and, on 22 July 2010 obtained, Chapter 15 recognition in the United States Bankruptcy Court for the Southern District of New York.

    Filed under:
    British Virgin Islands, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Debtor, Asset management, Investment management, Liquidation, Liquidator (law), Derivative suit, UNCITRAL, United States bankruptcy court
    Location:
    British Virgin Islands, USA
    Firm:
    Ogier
    Gymboree Files for Chapter 22 and Plans to Liquidate
    2019-01-22

    On January 16, 2019, Gymboree Group, Inc. and 10 affiliated debtors (collectively, "Debtors" or "Gymboree") filed chapter 11 in the United States Bankruptcy Court for the Eastern District of Virginia (Richmond Division). On January 17, 2019, Gymboree, Inc. commenced a parallel proceeding in Canada under subsection 50.4(a) of the Bankruptcy and Insolvency Act (Canada).  

    Filed under:
    Canada, USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, FisherBroyles LLP, Private equity, Initial public offerings, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court
    Authors:
    H. Joseph Acosta
    Location:
    Canada, USA
    Firm:
    FisherBroyles LLP
    Série sur l’insolvabilité des détaillants au Canada : Le point de vue des fournisseurs
    2018-01-11

    Srie sur l'insolvabilit des dtaillants au Canada : Le point de vue des fournisseurs

    Linc Rogers et Aryo Shalviri

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Blake, Cassels & Graydon LLP, Retail, United States bankruptcy court, Ontario Superior Court of Justice, US District Court for Eastern District of Virginia
    Location:
    Canada, USA
    Firm:
    Blake, Cassels & Graydon LLP
    New Delaware Chapter 15 Filing - RCR International, Inc.
    2018-01-19

    RCR International, Inc. (“RCR”), along with its wholly-owned subsidiary, has filed a petition under Chapter 15 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10112).

    Filed under:
    Canada, USA, Quebec, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware, Quebec Superior Court
    Location:
    Canada, USA
    Firm:
    Cole Schotz PC

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