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Fifth Circuit expected to issue landmark ruling concerning recognition of foreign bankruptcy proceedings contrary to US public policy

Sheppard Mullin Richter & Hampton LLP
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USA
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November 20 2012

In a widely followed dispute, the Fifth Circuit Court of Appeals will soon render a decision on the appeal of a Texas Bankruptcy Court’s refusal to recognize non-debtor third party releases in the Mexican reorganization proceeding (concurso mercantil) of Mexican glass manufacturer Vitro SAB de CV

Court provides guidance for seeking damages arising from trades of distressed claims

Sheppard Mullin Richter & Hampton LLP
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USA
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August 13 2012

In Deephaven Distressed Opportunities Tradings, Ltd. v. 3V Capital Master Fund Ltd., Index No. 60061008 (Sup. Ct., NY County, Jun. 26, 2012), Judge Melvin L. Schweitzer denied the plaintiffs’ motion for summary judgment on its damages claims

Commercial division clarifies limits of choice of law provision in indentures

Sheppard Mullin Richter & Hampton LLP
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USA
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February 13 2012

In the recent matter Wilmington Trust Natl. Assn. v. Vitro Automotriz, Index No. 65230311 (N.Y. Sup. Dec. 5, 2011), Justice Bernard J. Fried of the Commercial Division addressed the obligations of guarantors of indentured notes

How to turn a bankruptcy reorganization into an insider trading charge

Sheppard Mullin Richter & Hampton LLP
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USA
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September 30 2011

In In re Washington Mutual, Inc., No. 08-12229 (MFW), 2011 WL 4090757 (Bankr. D. Del. Sept. 13, 2011), the United States Bankruptcy Court for the District of Delaware denied confirmation of debtor Washington Mutual, Inc.’s (“WaMu”) plan of reorganization

New York high court applies the "single-entity exemption" in the Securities Litigation Uniform Standards Act of 1998

Sheppard Mullin Richter & Hampton LLP
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USA
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July 12 2011

In RGH Liquidating Trust v. Deloitte & Touche, LLP, 2011 WL 2471542 (N.Y. June 23, 2011), the New York Court of Appeals held that a liquidating trust established pursuant to a bankruptcy reorganization plan was a single “person” within the meaning of the “single-entity exemption” in the Securities Litigation Uniform Standards Act of 1998 (“SLUSA”

Reversal of decision in Bayou Group bankruptcy offers little guidance for the institutional investor wishing to redeem from a fraudulent ponzi scheme

Sheppard Mullin Richter & Hampton LLP
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USA
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October 26 2010

In a partial reversal of a decision from Bayou Group LLC's bankruptcy case, the US District Court for the Southern District of New York reconsidered a controversial ruling that sent shivers down the spines of institutional investors in 2008

Search results

Fifth Circuit expected to issue landmark ruling concerning recognition of foreign bankruptcy proceedings contrary to US public policy

Court provides guidance for seeking damages arising from trades of distressed claims

Commercial division clarifies limits of choice of law provision in indentures

How to turn a bankruptcy reorganization into an insider trading charge

New York high court applies the "single-entity exemption" in the Securities Litigation Uniform Standards Act of 1998

Reversal of decision in Bayou Group bankruptcy offers little guidance for the institutional investor wishing to redeem from a fraudulent ponzi scheme

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