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Artificial impairment of classes in a cramdown plan permitted in Fifth Circuit
- Saiber LLC
- -
- USA
- -
- May 22 2013
In a recent decision, the Fifth Circuit provided its answer to the question of whether 1129(a)(10) of the Bankruptcy Code draws a distinction between
Lehman reaching beyond the grave
- Bilzin Sumberg Baena Price & Axelrod LLP
- -
- USA
- -
- May 21 2013
As widely reported, in the latest Lehman bankruptcy “fundraiser,” managers of the Lehman estate are now demanding millions of dollars from non-profit
Court of Appeal takes different position on the "good faith" defence to voidable transactions
- Bell Gully
- -
- New Zealand
- -
- May 21 2013
A recent decision of the Court of Appeal (Farrell v Fences & Kerbs Limited 2013 NZCA 91) will make it very difficult for creditors to successfully
Closing your business in Colombia
- Diaz Reus
- -
- Colombia
- -
- May 21 2013
In Colombia, as in many other countries, closing down or dissolving a business is often more complicated than setting up a new one. Although there
Incidents during enforcement under New Civil Procedure Code
- CMS Cameron McKenna
- -
- Romania
- -
- May 21 2013
The New Civil Procedure Code (NCPC) came into force on 15 February 2013 and is applicable to all enforcement proceedings that commenced after this
The Supreme Court’s decision on balance sheet insolvency
- Kennedys
- -
- United Kingdom
- -
- May 21 2013
The Supreme Court has held that the balance sheet test for insolvency is not whether the company has "reached the point of no return", but neither is
Judgment creditor collaterally estopped by default judgment against insured
- Wiley Rein LLP
- -
- USA
- -
- May 20 2013
The United States District Court for the Northern District of Georgia, applying Georgia law, has held that a default judgment against an insured in a
Involuntary bankruptcy petitions dismissed where alter ego status was disputed
- Katten Muchin Rosenman LLP
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- USA
- -
- May 17 2013
The United States Bankruptcy Court for the Southern District of New York granted motions to dismiss involuntary Chapter 7 petitions filed against TPG
Mississippi District Court defers to New York court in bond action
- Katten Muchin Rosenman LLP
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- USA
- -
- May 17 2013
The United States District Court for the Northern District of Mississippi denied the motion of defendant ACA Financial Guaranty Corporation (ACA) to
Warsaw common court completes first recovery proceedings
- Zimmerman i Wspolnicy Sp K
- -
- Poland
- -
- May 17 2013
The Warsaw common court recently concluded its first successful recovery proceeding - an emerging trend in Polish bankruptcy and recovery judicial
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