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    US Bankruptcy Code Defines Right to Receive “Make-Whole” Premium under Chapter 11 Plan
    2019-12-13

    On November 26, 2019, the US Court of Appeals for the Fifth Circuit held in Ultra Petroleum Corp. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Tyler R. Ferguson , Thomas S. Kiriakos , Adam C. Paul , Sean T. Scott , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    Lehman bankruptcy court holds that pre-petition collateral transfers and guaranties to clearing bank are safe harbored
    2012-04-26

    On April 19, 2012, the Lehman bankruptcy court handed down its decision on the long-pending motion to dismiss filed by JPMorgan Chase Bank, N.A., in response to Lehman Brothers Holdings Inc.’s $8.6 billion avoidance action against it. The action sought to recover the value of collateral taken by JP Morgan in its role as principal clearing bank to Lehman in the run-up to the Lehman insolvency.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Clearing (finance), Collateral (finance), JPMorgan Chase, Lehman Brothers, United States bankruptcy court
    Authors:
    Howard S. Beltzer , Joshua Cohn , Mark G. Hanchet , Christopher J. Houpt , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    US Third Circuit further defines bankruptcy courts’ ability to enjoin actions between non-debtor affiliates and third parties
    2010-03-11

    In a decision that reaffirms its previous rulings on the jurisdictional limits of bankruptcy courts, the US Court of Appeals for the Third Circuit recently held in W.R. Grace & Co. v. Chakarian (In re W.R. Grace & Co.)1 that bankruptcy courts lack subject matter jurisdiction over third-party actions against non-debtors if such actions could affect a debtor’s bankruptcy estate only following the filing of another lawsuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, Injunction, Negligence, Subject-matter jurisdiction, Exclusive jurisdiction, US Code, Title 11 of the US Code, US Constitution, United States bankruptcy court, Third Circuit
    Authors:
    Brian Trust , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    Supreme Court Holds That A Creditor Cannot Be Held In Contempt For Violating A Bankruptcy Discharge Order If There Is A “Fair Ground Of Doubt” As To The Lawfulness Of The Creditor’s Conduct
    2019-06-03

    Taggart v. Lorenzen, No. 18-489

    Today, the Supreme Court held 9-0 that a creditor cannot be held in contempt of court for violating a bankruptcy discharge order if there is a “fair ground of doubt” as to whether the order barred the creditor’s conduct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Bankruptcy discharge, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    Omega Navigation provides further test of a foreign debtor's access to the protection of the US bankruptcy courts
    2011-12-14

    In the course of the next few weeks, Omega Navigation Enterprises, Inc. and its affiliates (collectively, “Omega”), an international shipping enterprise, will find out if motions by certain of their lenders to, among other things, dismiss Omega’s chapter 11 bankruptcy proceedings have been granted by the U.S. Bankruptcy Court for the Southern District of Texas.1 If not, then Omega may be permitted to continue its attempt to reorganize its business under chapter 11 of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Ashley Katz , Frederick D. Hyman
    Location:
    USA
    Firm:
    Mayer Brown
    Purpose statements in engagement letters could prove costly if not drafted appropriately
    2010-02-25

    A recent decision by the US District Court for the Southern District of New York regarding the terms of an engagement letter demonstrates the need to clearly articulate the intended purpose and scope of an engagement. As the case described below demonstrates, if there is any ambiguity with regard to whether or not a fee must be paid and/or when an engagement is terminated, the resolution of such ambiguity may depend upon the description of the engagement’s purpose.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debt, Investment banking, Limited partnership, Credit Suisse, United States bankruptcy court
    Authors:
    David K. Duffee , William V. Jacobsen, Jr.
    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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