Displaying with Topic International Insolvency

Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!

Judge Glenn criticizes an 1890 English decision refusing to enforce a foreign discharge of debt.

Second, Fifth, Ninth and Eleventh Circuits agree that supplying “necessaries” by itself won’t justify a maritime lien.

Arbitration agreement doesn’t preclude discovery in chapter 15, district judge rules.

Fifth Circuit goes along with the Second and Eleventh by holding that supplying “necessaries” isn’t enough to justify a maritime lien.

Notions of equity go out the window when the issue is maritime liens.

The Second Circuit’s Barnet opinion on Section 109(a)’s requirement of property in the U.S. is satisfied by claims located in the U.S.

Bankruptcy Judge Shelley C. Chapman skirts an arbitration agreement to allow discovery.

Principles of comity justify enforcing a U.K. scheme of arrangement that releases non-filed affiliates’ guarantees.

A security retainer held by a foreign liquidator’s U.S. counsel satisfies the chapter 15 requirement of property in the U.S.