January 05, 2018

Third Circuit Narrowly Interprets Delaware Fraudulent Transfer Law

Venezuela let off the hook for expropriating assets.

3rd Circuit

December 26, 2017

French ‘Safeguard’ Plan Held to Qualify for Enforcement in the U.S.

New York judge enforces a French reorganization similar to a U.S. prepack.

2nd Circuit, New York, New York Southern District

December 08, 2017

New York Judge Bars Use of Chapter 15 to Disrupt a Foreign Bankruptcy

‘Bankruptcy tourism’ seems unaffected by an unusual cross-border insolvency.

2nd Circuit, New York, New York Southern District

December 06, 2017

Fuel Subcontractor Denied Maritime Lien by the Eleventh Circuit

Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy.

11th Circuit

October 19, 2017

Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity

Stay violation and turnover suits held proper extraterritorial application of U.S. law.

2nd Circuit, New York, New York Southern District

September 13, 2017

Transferring COMI to Avoid Liquidation Is Ok in Chapter 15

New York offers a chapter 15 home for foreign companies hoping to avoid liquidation.

2nd Circuit, New York, New York Southern District

August 03, 2017

Russian Bankruptcy Given Chapter 15 Recognition Despite Allegations of Corruption

‘Disinterestedness’ doesn’t apply to a foreign representative in chapter 15.

2nd Circuit, New York, New York Southern District

March 27, 2017

Foreign Representatives May Bring Avoidance Suits Under State or Foreign Law

Prohibition on avoidance actions in chapter 15 only bars suits under Bankruptcy Code powers.

11th Circuit, Florida, Florida Southern District

February 23, 2017

Loan Agreement Gives U.S. Court Jurisdiction over Foreign Bank Lender

Few U.S. connections required for ‘specific jurisdiction’ over a foreign lender.

2nd Circuit, New York, New York Southern District

February 06, 2017

Appeals Brewing on Breadth of the Barton Doctrine in the Second Circuit

Will the Second Circuit follow the Ninth with a broad reading of Barton v. Barbour?

2nd Circuit, New York, New York Southern District