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Enforcement Bankruptcy Court

Carey Olsen

Eastern Caribbean Court of Appeal delivers key ruling concerning directors' duties and creditor protection in the British Virgin...

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In the recent decision of Byers & Richardson v Chen Ningning (BVIHCMAP2024/0009) ("Byers"), the Eastern Caribbean Court of Appeal ("COA") considered the scope of the director’s duty to creditors when a company is insolvent or...more

Gray Reed

Bankruptcy Court Blocks GLO’s State Lease Termination

Gray Reed on

In In re Pearl Resources LLC, a Houston bankruptcy court rejected the Texas General Land Office’s attempt to partially terminate state oil and gas leases in Pecos County, despite finding the operator had breached offset well...more

Pillsbury Winthrop Shaw Pittman LLP

Emphasizing Administrative Finality, Court Will Not Require the Reissuance of Checks Not Cashed by Prescribed Deadlines

Administrative deadlines in mass tort settlements are enforceable and binding­—courts will uphold them even when millions of dollars are at stake and international claimants are involved. Electronic notification through...more

Falcon Rappaport & Berkman LLP

Creditor Alert: A Confession of Judgment Is Not Removable to Federal Court Based on a Related Bankruptcy Filing

A recent decision from the Southern District of New York provides insight for creditors seeking to enforce judgments against debtors who subsequently file for bankruptcy. In Honeedew Investing LLC v. Abadi, No. 24 Civ. 6434...more

Pillsbury Winthrop Shaw Pittman LLP

Bankruptcy Court Rejects Attempts to Lock Up Creditor Votes in Favor of Reorganization Plan

Recent decisions reflect a renewed focus on lock-up provisions by bankruptcy courts. The U.S. Bankruptcy Court for the Southern District of New York recently severed a provision from a post-petition agreement that required...more

Sheppard Mullin Richter & Hampton LLP

CFPB Settles Claims Against Operator of Training Program for Activities Arising out of Income Share Agreements

On November 20, the CFPB, along with 11 state attorneys general and state regulators, entered into a stipulated final judgement and order with a Delaware-based company and two affiliated companies (“defendants”) in the...more

Moritt Hock & Hamroff LLP

Aggressive Pursuit Of Repayment Or Crossing The Line? Takeaways From The Bailey Tool Bankruptcy Case

A lender’s successful enforcement of loan documents following one or more events of default turns on a variety of factors, the most important of which is compliance with the terms of the relevant loan documents. When a lender...more

Moritt Hock & Hamroff LLP

The Continuing Erosion of Arbitration Clauses in Bankruptcy Cases

Although federal courts in the US generally give deference to arbitration agreements, consistent with the mandate of the Federal Arbitration Act (FAA), bankruptcy courts often utilise an exception contained in the FAA and...more

Foley & Lardner LLP

Cannabis Mid-Year Update 2022

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Well into the third year of the global pandemic, with record inflation and the uncertain outcomes of geopolitical issues roiling global markets, the cannabis industry has nevertheless continued upon a similar path as recent...more

Pillsbury Winthrop Shaw Pittman LLP

If You Know Something, Say Something, or Lose Good-Faith Protection in a Bankruptcy Sale

Asset purchasers that have actual or constructive knowledge of a competing interest yet fail to alert the bankruptcy court may be subjecting them to claims by competing interest holders in an otherwise free and clear sale. ...more

Freeman Law

[Webinar] Freeman Law Legal and Tax Update - October 27th, 3:00 pm CT

Freeman Law on

As businesses face unprecedented challenges, our legal team is here with insights and guidance. Join us as we discuss important developments during these unique times, and bring you up to speed on current initiatives. During...more

Patterson Belknap Webb & Tyler LLP

That Settles It: Attorney Emails Can Create an Enforceable Settlement Agreement

In 2010, Lehman Brothers Special Financing Inc. (“Lehman”) commenced an adversary proceeding against Shinhan Bank (“Shinhan”) to avoid and recover pre-bankruptcy transfers made to the South Korean bank. In 2015, while a...more

Patterson Belknap Webb & Tyler LLP

Chapter 15: US Court Respects UK Scheme of Arrangement: Third-Party Releases Enforced

Judge Martin Glenn granted recognition to a UK scheme of arrangement with third-party releases that lacked full creditor consent. In re Avanti Communs. Grp., PLC, No. 18-10458, 2018 Bankr. LEXIS 1078 (Bankr. S.D.N.Y. Apr. 9,...more

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