Statute
Bankruptcy Code
831 published works
Bankruptcy Report
Crossing Borders—How B.C.I. Finances Broadened Chapter 15 Protections for Foreign Representatives
In a recent decision, the United States Bankruptcy Court for the Southern District of New York found that a relatively small retainer placed in the trust account of the foreign…
Bankruptcy & Restructuring Law
Bankruptcy Court Can Enter Default Judgment Against Foreign Defendants in an Adversary Proceeding
By Ilana Volkov
On Jun 29, 2018, Judge Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York issued an opinion in which he granted a motion for entry…
Restructuring Globalview
Tempting Fate: What Trademark Licensees Stand to Lose (or Win)
The Bankruptcy Code gives special protections to licensees of intellectual property when a debtor, as licensor, seeks to reject the license. However, the Bankruptcy Code does not include trademarks in…
Bankruptcy Litigation Briefing
Hawaii Bankruptcy Appeal Serves as a Reminder on Preferential Transfers
In an appeal from the U.S. Bankruptcy Court for the District of Hawaii, the U.S. District Court for the District of Hawaii determined when the date of the transfer occurred…
Restructuring Globalview
Understanding the Special Protections Afforded Intellectual Property Licenses in Bankruptcy
The Bankruptcy Code grants special rights to licensees of intellectual property. It is imperative for in-house counsel to have at least a basic understanding of how intellectual property is treated under…
Restructuring Globalview
Keeping Special Revenues “Special”
Special revenues may not be as special as many bondholders have historically expected. Two recent rulings[1] from District Court Judge Laura Taylor Swain in the Puerto Rico PROMESA proceeding have…
Bankruptcy Litigation Briefing
Fifth Circuit Reviews Approval of Adversary Proceeding Settlement for Abuse of Discretion
Anahita Anvari writes: In In re Beach v. Beach, the Fifth Circuit elaborated on its standard of review for adversary litigation settlements. No. 17-10481 (5th Cir. May 16, 2018). In…
Restructuring Globalview
Washing Away Actual Fraud? One Court Says You Can.
By Mark Salzberg, Squire Patton Boggs
Can the recipient of an actual fraudulent transfer effectively “cleanse” the transfer if the funds are returned to the debtor? In a recent opinion, the United States Bankruptcy Court for…
Bankruptcy Litigation Briefing
Alert: Cambridge Analytica files for Bankruptcy Protection
Cambridge Analytica filed for bankruptcy under Chapter 7 of the Bankruptcy Code late last week and recently announced that it will be shutting down. We will be monitoring the case…
In Solvency
Alert: Cambridge Analytica files for Bankruptcy Protection
Cambridge Analytica filed for bankruptcy under Chapter 7 of the Bankruptcy Code late last week and recently announced that it will be shutting down. We will be monitoring the case…