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1
Independence Day: Australian Court Refuses To Remove Liquidators
The Situation: Should liquidators be removed under section 90-15 of the Insolvency Practice Schedule (Corporations) in circumstances where they engaged in preappointment...
Australia
21 Oct 2019
2
Double Trouble: Court Advises Liquidators To Reject A$905 Million Proofs Of Debt
A liquidator can reject a "double proof" for what is, in substance, the same debt as another accepted proof of debt.
Australia
16 Oct 2019
3
Women In IP: Reviewing A "Scandalous Matter" At The Supreme Court
The U.S. Supreme Court's ruling in Mission Product Holdings v. Tempnology, LLC holds interesting implications for both trademark law and bankruptcy law.
United States
2 Oct 2019
4
Legislative Update
On August 23, 2019, President Trump signed into law four pieces of bankruptcy legislation designed to help financially distressed small businesses,...
United States
27 Sep 2019
5
Three-Year Delay In Appointing Foreign Representative Not Fatal To Chapter 15 Recognition
In In re PT Bakrie Telecom Tbk, 601 B.R. 707 (Bankr. S.D.N.Y. 2019), the U.S. Bankruptcy Court for the Southern District of New York ...
United States
27 Sep 2019
6
Chapter 11 Plan Distributions Are Not Collateral Covered By Intercreditor Agreement's Waterfall Provision
In In re Energy Future Holdings Corp., 2019 WL 2535700 (3d Cir. June 19, 2019), a panel of the U.S. Court of Appeals for the Third Circuit ruled that adequate protection payments made during a bankruptcy case ...
United States
26 Sep 2019
7
Legislative Update - September/October 2019
On August 23, 2019, President Trump signed into law four pieces of bankruptcy legislation designed to help financially distressed small businesses, disabled veterans, National Guard and reservists, and family farmers.
United States
26 Sep 2019
8
Presumption Of Filed Claim's Validity And Amount Does Not Apply In Proceeding To Determine Secured Amount Of Claim
The Bankruptcy Code creates a rebuttable presumption that a proof of claim is prima facie evidence of the claim's validity and amount.
United States
26 Sep 2019
9
Bankruptcy Court Denies Creditor's Improper Discovery Request
The scope of discovery available in a bankruptcy case concerning a debtor's conduct, property, financial condition, and related matters is so broad that it has sometimes been likened to a permissible "fishing expedition."
United States
26 Sep 2019
10
Delaware Bankruptcy Court Adopts Interim Modalities For Court Communication In Cross-Border Bankruptcies
This created significant delay and uncertainty and sometimes resulted in conflicting rulings from the courts involved.
United States
25 Sep 2019
11
Business Restructuring Review July-August 2019
In In re Fraser's Boiler Serv., Inc., 2019 WL 1099713 (D. Wash. Mar. 18, 2019), the court reversed a bankruptcy court order approving settlement agreements providing for the sale of certain
United States
19 Sep 2019
12
From The Top In Brief - August 2019
On June 3, 2019, the U.S. Supreme Court ruled in Taggart v. Lorenzen, 139 S. Ct. 1795 (2019), that a bankruptcy court may hold a creditor in civil contempt for attempting to collect on a debt that has been discharged in bankruptcy.
United States
12 Sep 2019
13
The Turf War Between The Bankruptcy Courts And FERC Escalates
The recent chapter 11 filings by PG&E Corp. and its Pacific Gas & Electric Co. utility subsidiary (collectively, "PG&E") and FirstEnergy Solutions Corp.
United States
12 Sep 2019
14
The Fifth Circuit Rules That A Make-Whole Premium Is Unmatured Interest Generally Disallowed In Bankruptcy
In In re Ultra Petroleum Corp., 913 F.3d 533(5th Cir. 2019), the U.S. Court of Appeals for the Fifth Circuit ruled that a "make-whole," or "prepayment," premium owed on unsecured notes.
United States
12 Sep 2019
15
Foreign Debtor's COMI Shift Dooms Bid For Chapter 15 Recognition
In In re O'Reilly, 598 B.R. 784 (Bankr. W.D. Pa. 2019), the U.S. Bankruptcy Court for the Western District of Pennsylvania denied the petition of a foreign bankruptcy trustee.
United States
11 Sep 2019
16
The U.S. Supreme Court Rules That Rejection Of A Trademark License Agreement In Bankruptcy Does Not Strip The Licensee Of Its Right To Use The Trademark
In Mission Product Holdings, Inc. v. Tempnology, LLC, 139 S. Ct. 652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement.
United States
11 Sep 2019
17
Washington District Court Overturns Approval Of Third-Party Releases In A Settlement Agreement And Related Free-And-Clear Sale
For nearly 25 years, courts in the Ninth Circuit have consistently refused to sanction nonconsensual third-party releases as part of chapter 11 plans.
United States
11 Sep 2019
18
In Brief: On Remand, Momentive Bankruptcy Court Rules That Cramdown Notes Should Bear "Process Efficient" Market Interest Rate
In doing so, the Second Circuit explained that exposure to the market is the best determinant of value.
United States
15 Jul 2019
19
From the Top In Brief: Nonjudicial Foreclosure Not Regulated By The FDCPA
The Supreme Court agreed to hear the case to resolve a circuit split on the issue.
United States
21 Jun 2019
20
Fourth Circuit Bolsters Claims For Postpetition Attorney's Fees Incurred By Unsecured Or Undersecured Creditors
In SummitBridge Nat'l Invs. III, LLC v. Faison, 915 F.3d 288 (4th Cir. 2019), the U.S. Court of Appeals for the Fourth Circuit ruled that an unsecured or undersecured creditor may include postpetition attorney's fees ...
United States
21 Jun 2019
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