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    Split in courts continues—private stock purchase payments not protected by Section 546 safe harbor
    2011-09-14

    Geltzer v. Mooney (In re MacMenamin’s Grill Ltd.), Adv. Case. No. 09-8266, Bankr. Case No. 08-23660, 2011 WL 1549056 (Bankr. S.D.N.Y. Apr. 21, 2011)

    CASE SNAPSHOT

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Shareholder, Debtor, Security (finance), Fraud, Safe harbor (law), Writ, Leveraged buyout, Systemic risk, Secured loan, Title 11 of the US Code, Trustee, United States bankruptcy court
    Authors:
    Brian M. Schenker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Section 105(a): No Roving Writ, Much Less a Free Hand
    2016-04-05

    Section 105(a) of the Bankruptcy Code acts as the Bankruptcy Code’s equitable backstop, empowering bankruptcy courts to “issue any order, process, or judgment that is necessary or appropriate to carry out [its] provisions” and to, “sua sponte, take[e] any action or mak[e] any determination necessary or appropriate to enforce or implement court orders or rules, or to prevent an abuse of process.” Does section 105(a), though, authorize

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Writ, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Seller beware: yet another cautionary tale for distressed-debt traders
    2008-08-01

    Participants in the multibillion-dollar market for distressed claims and securities had ample reason to keep a watchful eye on developments in the bankruptcy courts during each of the last three years. Controversial rulings handed down in 2005 and 2006 by the bankruptcy court overseeing the chapter 11 cases of failed energy broker Enron Corporation and its affiliates had traders scrambling for cover due to the potential that acquired claims/debt could be equitably subordinated or even disallowed, based upon the seller’s misconduct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Conflict of laws, Collateral (finance), Security (finance), Debt, Writ, Subsidiary, Malpractice, Enron, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Tribunals Courts and Enforcement Act 2007
    2007-12-21

    This Act received Royal Assent in July 2007 but no date for implementation has been published yet.

    In addition to the provisions contained in this Act aimed at improving the working of the tribunals system and increasing judicial diversity, are several sections that will be of interest to financiers and insolvency professionals: 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Debtor, Breach of contract, Landlord, Leasehold estate, Interest, Debt, Mortgage loan, Writ, Common law, Capital punishment
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Seller beware: yet another cautionary tale for distressed-debt traders
    2008-08-01

    Participants in the multibillion-dollar market for distressed claims and securities had ample reason to keep a watchful eye on developments in the bankruptcy courts during each of the last three years. Controversial rulings handed down in 2005 and 2006 by the bankruptcy court overseeing the chapter 11 cases of failed energy broker Enron Corporation and its affiliates had traders scrambling for cover due to the potential that acquired claims/debt could be equitably subordinated or even disallowed, based upon the seller’s misconduct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Costs in English law, Conflict of laws, Collateral (finance), Security (finance), Debt, Writ, Subsidiary, Malpractice, Enron, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    U.S. has no authority to issue writ of garnishment against assets of company in which judgment debtor invested
    2011-05-27

    UNITED STATES OF AMERICA v. ROGAN (May 12, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Medicare, Medicaid, Fraud, Interest, Limited liability company, Vacated judgment, Liquidation, Remand (court procedure), Writ
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Complex logistics - the Court's power to amend a creditor's petition
    2016-12-13

    In Re Hin-Pro International Logistics Ltd the Hong Kong Court of Appeal had to consider whether it had jurisdiction to grant leave to amend a creditor's petition, and if so, whether it should do so.

    Filed under:
    Hong Kong, New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Liquidation, Writ
    Authors:
    Bridie McKinnon , Peter Niven , Myles O'Brien , David Perry , Kelly Paterson , Scott Abel , Susan Rowe , Scott Barker , Jan Etwell , Willie Palmer
    Location:
    Hong Kong, New Zealand
    Firm:
    Buddle Findlay
    Liquidators examinations and legal professional privilege
    2009-03-02

    Hong Kong's highest court has considered for the second time in recent years the conduct of examinations under section 221 of the Companies Ordinance. That section enables (amongst other things) a court to compel any persons whom it believes may have information concerning the affairs or dealings of a company in liquidation to be examined in private under oath.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Audit, Discovery, Negligence, Liquidation, Writ, Liquidator (law), Tangible property, Legal professional privilege, Ernst & Young, Court of Appeal of England & Wales, High Court of Justice, Court of Final Appeal (Hong Kong)
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP

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