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    US Supreme Court rules that bankruptcy courts can issue proposed findings in “core” matters involving Stern v. Marshall-type claims
    2014-06-10

    On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”)1 that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Tortious interference, SCOTUS, United States bankruptcy court
    Authors:
    Brian Trust , Thomas S. Kiriakos
    Location:
    USA
    Firm:
    Mayer Brown
    In pursuit of universality in cross-border insolvency
    2010-08-05

    The Court of Appeal1 has ruled that foreign judgments in insolvency proceedings may be enforced by the English courts at common law, and that the ordinary principles which may prevent the enforcement of foreign judgments do not apply to insolvency judgments where the action from which the foreign judgment arises is integral to the collective nature of the insolvency proceedings.

    Facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Conflict of laws, Debtor, Consumer protection, Liquidation, Common law, Enforcement of foreign judgments, In rem jurisdiction, Court of Appeal of England & Wales, High Court of Justice, United States bankruptcy court
    Authors:
    Devi Shah , Jennifer Fox
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    BJ Services, LLC, et al.: Not-So-Smooth Sailing for Credit Bidders
    2020-11-03

    BJ Services, a Texas-based provider of hydraulic fracturing (i.e., “fracking”) and cementing services for upstream oil and gas companies, filed for chapter 11 protection on July 20, 2020, in the US Bankruptcy Court for the Southern District of Texas, along with three of its affiliates. Their chapter 11 filings were prompted by unsuccessful restructuring negotiations with one of their equity sponsors—CSL Capital Management—which would have provided a $75 million new money investment, including $30 million in the form of DIP financing, in exchange for the majority of the reorganized equity.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Fracking, United States bankruptcy court
    Authors:
    Kyle J. Tum Suden , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Lehman Bankruptcy Court addresses scope of the Bankruptcy Code's safe harbor for liquidation, termination and acceleration of swap agreements
    2014-01-09

    In Michigan State Housing Development Authority v. Lehman Brothers Derivatives Products, Inc., et al. (In re Lehman Brothers Holdings Inc., et al.) (Michigan State Housing), 1 the US Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) recently held that a provision in a swap agreement that shifted the methodology for calculating termination amounts upon the debtor counterparty’s bankruptcy was enforceable under the Bankruptcy Code’s safe harbor for liquidating, terminating and accelerating swap agreements.

    Filed under:
    USA, Michigan, Derivatives, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Swap (finance), Liquidation, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    The Thai perspective— effect of bankruptcy on arbitration
    2010-07-20

    Thailand introduced reforms to its bankruptcy laws in 1998 in the aftermath of the 1997 Asian financial crisis. Those reforms introduced business reorganisation provisions similar to the Chapter 11 provisions of the US Bankruptcy Code. Further amendments have been made to the Thai bankruptcy laws, which are now governed by the Bankruptcy Act BE 2483 (1940) as amended by the Bankruptcy Act (No. 7) BE 2547 (2004).

    Filed under:
    Thailand, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Arbitration clause, Statute of limitations, Debt, Liquidation, Balance sheet, Constitutional amendment, Title 11 of the US Code, United States bankruptcy court
    Authors:
    James Rix
    Location:
    Thailand
    Firm:
    Mayer Brown
    Regulator or Creditor: When is Enforcement of Consumer Protection Laws Exempt from the Automatic Stay, and Who Makes That Determination?
    2020-10-13

    Can state regulatory agencies move ahead with lawsuits against businesses who file for bankruptcy in order to enforce consumer protection and business laws, or does the automatic stay’s broad injunctive sweep capture those actions? The answer depends on whether the state is acting in its regulatory capacity or simply like another creditor – and the distinction is not always clear.

    Filed under:
    USA, Delaware, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Ninth Circuit, United States bankruptcy court
    Authors:
    Sean T. Scott , Aaron Gavant , Samuel R. Rabuck
    Location:
    USA
    Firm:
    Mayer Brown
    Second Circuit holds that chapter 15 debtors must satisfy eligibility requirements of section 109(a) of the Bankruptcy Code in order to be eligible for relief
    2013-12-17

    In a case of importance to foreign representatives of foreign debtors seeking the assistance of US courts pursuant to chapter 15 of the Bankruptcy Code, the US Court of Appeals for the Second Circuit has held that the debtor eligibility requirements of section 109(a) of the US Bankruptcy Code apply in cases under chapter 15 as they would in cases under other chapters of the Bankruptcy Code. The decision in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), Case No. 13-612 (2d Cir. Dec.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Joel Moss , Devi Shah , Ashley Katz , John M. Marsden , Thomas A. Pugh
    Location:
    USA
    Firm:
    Mayer Brown
    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, Liquidation, Capital punishment, UNCITRAL, United States bankruptcy court
    Location:
    Brazil
    Firm:
    Mayer Brown
    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

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