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ABI Journal

StJohns

Balancing Confidentiality and Comity When Entering Discovery Related Protective Orders in Cross-Border Insolvency Proceedings

Conor Carman

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

 

In cross-border insolvency proceedings, the power to obtain information through discovery is essential for recovering assets for creditors. A recent decision by the United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”), In re Historic & Trophy Buildings Fund FCP-SIF, balances safeguarding sensitive information and facilitating cooperative efforts in foreign liquidation proceedings.

Avoidance Actions are Property of the Estate that a Trustee may Sell

Enrica Brook

St. John’s University School of Law

American Bankruptcy Institute Law Review Staff

 

In Pitman Farms v. ARKK Food Co., LLC, the United States Court of Appeals for the Eighth Circuit held that avoidance actions, under chapter 5 of title 11 of the United States Code (the “Bankruptcy Code”), are property of the estate under Section 541(a) that a trustee may sell “free and clear.”[1]