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1
Second Circuit Affirms Dismissal Of Chapter 15 Appeal By Purported Shareholder On Standing Grounds
In a March 19, 2019 summary order, the U.S. Court of Appeals for the Second Circuit affirmed the district court's dismissal of a purported shareholder's appeal challenging the chapter 15 recognition
United States
10 Apr 2019
2
Reform Of Insolvency Legislation Is Approved
On 11 January 2019, the Council of Ministers approved the text of the legislative decree containing the new code of corporate distress [1] and insolvency (the "Insolvency Code").
United States
8 Apr 2019
3
Update To Madoff
Following our post on the district court's extraterritoriality decision, the bankruptcy court dismissed the actions against several defendants on the grounds that the presumption against extraterritoriality ...
United States
5 Mar 2019
4
Le novità in materia di diritto societario varate in sede di adozione del "Codice della crisi di impresa e dell'insolvenza"
Il Governo ha recentemente approvato, in esame definitivo, il testo del Decreto Legislativo che introduce il nuovo "Codice della crisi d'impresa e dell'insolvenza", in attuazione della Legge 19 ottobre 2017, n. 155, ...
Italy
30 Jan 2019
5
A Major Shift Of The Italian Supreme Court On Bankruptcy Buy-Outs (Concordati Fallimentari)
With a decision taken on 28 June 2018 (decision n. 17186) the united chambers (sezioni unite) of the Italian Supreme Court have ruled that whenever a bankruptcy buy-out proposal
Italy
20 Jul 2018
6
Recast EU Insolvency Regulation Comes Into Force
Yesterday, on 26 June 2017, the Recast EU Insolvency Regulation (Council Regulation (EC) No. 2015/848) came into force.
European Union
4 Jul 2017
7
Madden v. Midland Update: District Court Denies Summary Judgment And Certifies Class
After the U.S. Supreme Court refused to grant review of the Second Circuit's May 2015 decision in Madden v. Midland concerning federal preemption of state usury rates for loans issued by a national bank...
United States
10 Mar 2017
8
The Gorsuch Nomination: The Return Of The Business Friendly Court?
After reviewing Judge Gorsuch's background and record of judicial opinions, it appears that the prior relatively pro-business conservative trajectory of the Supreme Court will now be restored.
United States
15 Feb 2017
9
Debtwire European Distressed Debt Market Outlook 2017
The 2017 Debtwire European Distressed Debt Outlook report surveyed 100 distressed investors and 30 private equity funds to establish the outlook for 2017.
United States
14 Feb 2017
10
Orrick's Marc Levinson Compares Chapter 9 To Chapter 11 For The Federal Judicial Center Website
Orrick Restructuring Senior Counsel Marc Levinson is one of the chapter 9 experts assisting in the preparation of a chapter 9 manual for bankruptcy judges and court clerks that has been posted on the website...
United States
11 Jan 2017
11
Amendments To California PACE Financing Statutes Become Effective January, 1 2017
On January 1, 2017, certain amendments to California's current statutory schemes for authorizing Property Assessed Clean Energy (PACE) financing programs will become effective.
United States
29 Dec 2016
12
Supreme Court Hears Oral Argument In Jevic On Whether Distribution Of Settlement Proceeds May Depart From Statutory Priority Scheme
The United States Supreme Court heard oral arguments on December 7, 2016 in Czyzewski v. Jevic Holding Corp. The case poses a question that has divided the Second, Third, and Fifth Circuits...
United States
15 Dec 2016
13
Sixth Circuit Finds Bankruptcy Court Cannot Force City To Provide Services In Chapter 9
On November 14, 2016, the United States Court of Appeals for the Sixth Circuit held that courts in chapter 9 cases lack authority to order a municipal debtor to provide services to its constituents.
United States
12 Dec 2016
14
Third Circuit Departs From Momentive And Reinstates EFIH Noteholder Make-Whole Claims Causing Uncertainty Over EFH's Ability To Exit Bankruptcy
Recently, the Third Circuit reversed decisions issued by the Delaware Bankruptcy and District Courts and permitted first and second lien noteholders of Energy Future Intermediate Holding Company LLC...
United States
7 Dec 2016
15
Orrick Lawyer Co-Authors Article Addressing Unique Confirmation Issues In Nonprofit Cases
Orrick's Evan Hollander co-authored an article for The Norton Annual Survey of Bankruptcy Law (2016 Edition) addressing unique confirmation issues faced by nonprofit debtors in Chapter 11.
United States
18 Nov 2016
16
Implementing Regulation On Information For Calculation Of Technical Provisions And Basic Own Funds For Q4 2016 Reporting Under Solvency II Adopted By European Parliament
On November 11, 2016, the European Commission adopted an Implementing Regulation laying down information for the calculation of technical provisions and basic own funds for reporting with reference dates...
United States
18 Nov 2016
17
U.S. Sixth Circuit Holds That Customary Language In Amendment And Restatement Agreements May Extinguish Existing Security Interests Via Novation
On August 23, 2016, the U.S. Court of Appeals for the Sixth Circuit held in the Chapter 7 bankruptcy case In re Fair Finance Company
United States
21 Oct 2016
18
The OCC Proposes Rule To Address Concerns Relating To Exercise Of Default Rights Under Qualified Financial Contracts
On October 3, 2016, the Office of the Comptroller of the Currency proposed a rule to enhance the resilience of federally chartered and licensed financial institutions.
United States
17 Oct 2016
19
English Law Schemes Of Arrangement: Class Composition
Having received the sanction of antitrust regulators in Europe, the U.S., China and South Africa, the planned merger of brewing giants AB InBev and SABMiller was scrutinised this week by the High Court in London...
United States
30 Aug 2016
20
The Impact Of PROMESA On Creditors
On June 30, 2016, the United States Senate passed the "Puerto Rico Oversight, Management and Economic Stability Act" ("PROMESA") and it was quickly signed into law by President Obama.
United States
18 Aug 2016
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