Unlike Vegas, what happens in bankruptcy court does not necessarily stay in bankruptcy court. The ripples born of Enron’s and its affiliates’ chapter 11 filings are still reverberating in nonbankruptcy courts. The recent decision in Regents of the Univ. of Calif. v. Credit Suisse First Boston (USA) Inc., 482 F.3d 372 (5th Cir.
Committees
As most savvy collection managers know, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) granted suppliers a priority in payment for goods received by the debtor within 20 days before bankruptcy. The new statute undoubtedly increased the chances that suppliers will achieve a significant recovery.
For the past year or so, regulators and investors have been eyeing the subprime-mortgage industry as spectators on an expressway might a fender bender or a flat tire. Although onlookers usually don’t know what they’re slowing down to see, it’s more often than not a harmless event, rather than a major catastrophe. Nonetheless, the viewing continues, and so do the endless commutes.
Confidentiality matters in regards to hedge funds. As increasing numbers of funds compete for investment opportunities, it becomes even more critical for fund managers to keep their holdings and investment strategies close to the vest.
Prior to its repeal with the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act, §304 provided authority for adjudicating international insolvency issues before the U.S. Bankruptcy courts where a proceeding had already been filed or would be more appropriately filed in a foreign jurisdiction.
Case Filed Under § 304 – discussing Chapter 15
In re Atrimm, S.r.L., 335 B.R. 149 (Bankr. C.D. Cal. 2005)
There have been several articles recently published discussing and critiquing the early chapter 15 case law. [1] However, two articles in particular are worth noting. The first is entitled "A Tale of Two Proceedings: ‘Turnabout Is Fair Play’ in the Yukos U.S.
Solvent corporations can generally do whatever they like with their assets. Officers and directors only have to account to their shareholders.
Creditors finally have a definitive answer. The Delaware Supreme Court has now held in North American Catholic Educational Programming Foundation Inc v.
Solvent corporations can generally do whatever they like with their assets. Officers and directors only have to account to their shareholders.