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Bankruptcy & Restructuring Law
New York Bankruptcy Court Permits Discovery Requests in Chapter 15 Case Despite Potentially Conflicting Cayman Islands Law
On April 17, 2018, the U.S. Bankruptcy Court for the Southern District of New York (the “Court”) issued a decision requiring CohnReznick LLP (“CohnReznick”) to produce documents requested by the foreign…
Restructuring Globalview
Interests and Good Faith Under Section 363 – A New Decision Explores the Limits of Both
By Kelly Singer
A recent decision from the Bankruptcy Court for the District of Montana highlights the limits of the term “interests” under section 363(f) of the Bankruptcy Code, and the limits of “good…
Bankruptcy Litigation Briefing
The Safe Harbor Provision of the Bankruptcy Code Redefined
The United States Supreme Court recently issued a ruling in which it held that the Bankruptcy Code’s safe harbor provision § 546(e) does not prevent a trustee from clawing back…
In Solvency
The Safe Harbor Provision of the Bankruptcy Code Redefined
The United States Supreme Court recently issued a ruling in which it held that the Bankruptcy Code’s safe harbor provision § 546(e) does not prevent a trustee from clawing back…
Bankruptcy Litigation Briefing
In the First, Second and Third Circuits, Creditors’ Committees Have Unconditional Rights To Intervene in Adversary Proceedings
Official Committees’ of Unsecured Creditors can, and often do, have significant impacts on cases under chapter 11 of the Bankruptcy Code. Appointed pursuant to Section 1102 of the Bankruptcy Code,…
In Solvency
Trustee Retains Right to Jury in Fraudulent Transfer Actions Even If Waived by Debtor Before Bankruptcy
The Bankruptcy Court for the Southern District of Florida recently held that a chapter 7 trustee is not bound by a debtor’s pre-bankruptcy waiver of its jury rights for fraudulent…
Bankruptcy Law Insights
Supreme Court Displays More Pragmatic Approach to the Bankruptcy Code in Merit Management v. FTI Consulting
By Ben Feder
The Supreme Court’s recent decision in Merit Management Group, LP v. FTI Consulting, Inc. has appropriately drawn significant attention. The Court, by narrowing the “safe harbor” provision of Section 546(e)…
Restructuring Globalview
Bankruptcy Venue Reform: Are The District of Delaware And The Southern District Of New York At Risk?
How real is the threat to the District of Delaware and the Southern District of New York as the prime venue choices for corporate Chapter 11 bankruptcy cases? It appears…
Bankruptcy & Restructuring Law
Recent Bankruptcy Court Decisions Address Bankruptcy Code Section 365
Section 365 of the Bankruptcy Code provides that a debtor “subject to the court’s approval, may assume or reject any executory contract or unexpired lease of the debtor.” 11 U.S.C.…
In Solvency
VER Technologies Files for Chapter 11 Bankruptcy Protection
On April 5, 2018, VER Technologies Holdco LLC, along with eight subsidiaries and affiliates (collectively, "VER"), filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code in the…