Bankruptcy Litigation

Delaware Bankruptcy Court Extends Barton Doctrine to Trustees of Mass-Tort Litigation Trust

A Delaware Bankruptcy Court has held that litigants pursuing post-confirmation state law fraud claims against the trustees of a mass-tort litigation trust must first seek leave from the bankruptcy court that established the trust. In Smith v.

Bankruptcy Litigation September 2018

Third-Party Release in Uncontested Chapter 15 Cases

On April 9, 2018, Hon. Martin Glenn of the U.S. Bankruptcy Court for the Southern District of New York approved third-party releases of nondebtor affiliate guarantors in a chapter 15 proceeding, even though not all of the parties bound by the releases had voted in favor of the releases.[1]

Claims in the U.S. Can Make a Foreign Debtor Eligible for Chapter 15

In the Second Circuit, § 109(a) of the Bankruptcy Code applies to cases brought under chapter 15, meaning that a foreign representative cannot seek recognition or any other type of relief under chapter 15 if the foreign debtor does not have a domicile, residence, place of business or property in the U.S.[1]

Foreign Representatives “Discover” Another Chapter 15 Tool

Recently, the U.S. Bankruptcy Court for the Southern District of New York was asked to decide whether an auditor was required to provide its work papers to a foreign representative who sought to compel such production pursuant to certain provisions of the Bankruptcy Code and the Bankruptcy Rules, including Bankruptcy Code § 1521.

Bankruptcy Litigation

Delaware Bankruptcy Court Extends Barton Doctrine to Trustees of Mass-Tort Litigation Trust