New York Southern District

Should Property in the U.S. Be a Requisite for Chapter 15 Recognition?

The leading commentators on chapter 15 and Bankruptcy Judge Philip Bentley reach the same result by different approaches to the requirements for chapter 15 recognition.

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Prospective Section 506(c) Surcharges Don’t Qualify as Adequate-Protection Payments

A 15% equity cushion across the board didn’t suffice for adequate protection when mortgages on 82 properties were not cross-collateralized.

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Debtor Granted Absolution for a 10-Day Delay in Serving a $40 Million Preference Suit

Although there wasn’t ‘good cause’ to excuse late service of a summons and complaint, the bankruptcy court salvaged a large preference by exercising discretion and granting a 10-day expansion of the 90-day deadline.

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No Stay Pending Appeal on Nondebtor Opt-Out Releases in a Chapter 11 Plan

The debtor agreed not to raise equitable mootness on an appeal only challenging nondebtor opt-out releases.

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U.S. Incorporated Subsidiaries ‘Likely’ Have Chapter 15 COMI in Canada, Not the U.S.

U.S. subsidiaries of a Canadian parent were under the control of a Canadian receiver, switching COMI from the U.S. to Canada.

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Opting Out Is Consent for Nondebtor Chapter 11 Releases, New York Judge Says

Another bankruptcy court in New York holds that the ability to opt out of nondebtor releases represents consent after Purdue.

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After Purdue, Two Courts Still Permit Broad Nonconsensual Releases in ‘15’

Bankruptcy courts in New York and Delaware believe that Purdue did not change the law and that nondebtor releases and exculpations are still permissible in chapter 15 cases.

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Foreign Main Recognition in Chapter 15 Is Easy When No One Objects

Because all affected creditors were unanimous in support, Judge Michael Wiles didn’t agonize over whether the debtor actually had its center of main interests in the U.K.

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