Where do your interests lie under Chapter 15 of the Bankruptcy Code? *

USA - April 30 2013
When doing business with a foreign company, it is important to identify the company's "center of main interests" ("COMI") as creditors may find…

Co-authors: Kevin J. Walsh.

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An insider’s guide to evading absolute priority? Seventh Circuit: new value competition requirements apply to insiders *

USA - March 7 2013
In Chapter 11 bankruptcy cases, the absolute priority rule requires a debtor's creditors be paid in full before equity investors receive any value…

Co-authors: Kevin J. Walsh.

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Bankruptcy abroad - US creditors' rights remain relevant in Chapter 15 *

USA - December 20 2012
With an increasing number of businesses operating without regard to borders in today's global economy, the importance of understanding Chapter 15 &mdash…

Co-authors: Kevin J. Walsh.

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Supreme Court upholds the right to “credit bid” in Radlax Gateway Hotel, LLC, et al. v. Amalgamated Bank *

USA - June 25 2012
The secured lender industry experienced a collective sigh of relief on May 29 after the Supreme Court ruled in RadLAX Gateway Hotel, LLC, et al. v. Amalgamated Bank that credit bidding remains a viable option to protect collateral in a cramdown bankruptcy plan.

Co-authors: Kevin J. Walsh.

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Court dismisses public pension fund's bankruptcy case *

USA - June 13 2012
In our May 24 entry on this topic, the Northern Mariana Islands Retirement Fund (the “Fund”) was battling numerous challenges to its Chapter 11 eligibility.

Co-authors: William W. Kannel.

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