Bankruptcy Blogs

Bernie Madoff, Haven Jurisdiction, and the End of COMI?

02/19/14

The liquidation of the largest Madoff feeder fund, Fairfield Sentry, recently made a major mark on Chapter 15 of the Bankruptcy Code. The lynchpin of Chapter 15 (and the Model Law on Cross-Border Insolvency) is the ability to locate a debtor’s center of main interests (COMI). If a debtor files for bankruptcy in the location of its COMI, then it is entitled to certain automatic protections from ancillary proceedings in other countries, e.g., the imposition of the automatic stay to bar all collection activities.

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The Daily Docket: Wanxiang Wins Approval to Take Over Fisker

02/19/14

China’s Wanxiang Group won court approval Tuesday to take over failed luxury hybrid-car maker Fisker Automotive Inc. after successfully outbidding Hong Kong billionaire Richard Li in an auction. Read the Daily Bankruptcy Review article via The Wall Street Journal.

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The Daily Docket: Wanxiang Wins Approval to Take Over Fisker

02/19/14

China’s Wanxiang Group won court approval Tuesday to take over failed luxury hybrid-car maker Fisker Automotive Inc. after successfully outbidding Hong Kong billionaire Richard Li in an auction. Read the Daily Bankruptcy Review article via The Wall Street Journal.

[more]

Saving Your Home or Investment Real Estate in Chapter 13

02/19/14

Much of my practice today consists of consulting with clients who are interested in saving their real estate from foreclosure using Chapter 13 of the Bankruptcy Code. The discussions breakdown into two different categories - real estate that is used as a principal residence and real estate that is not used as a principal residence.

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Payday Crackdown Creates More Problems than It Solves

02/18/14

Before regulators go any further, they should open a public dialogue to make sure they don't do a lot more harm by eliminating the few lenders that remain.

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Credit Union Outhustles Big Rivals in Data Breach Damage Control

02/18/14

The head of a small Atlanta credit union used a negative situation, the Target data breach's impact on her customers, to score PR points. More big banks should think and act this creatively in crises.

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Freedom Paid Millions to Leaders, Related Companies Before Spill, Bankruptcy

02/18/14
Steve Helber/Associated Press
Workers inspect an area outside a retaining wall around storage tanks where a chemical leaked into the Elk River at Freedom Industries storage facility in Charlest
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Freedom Paid Millions to Leaders, Related Companies Before Spill, Bankruptcy

02/18/14
Steve Helber/Associated Press
Workers inspect an area outside a retaining wall around storage tanks where a chemical leaked into the Elk River at Freedom Industries storage facility in Charlest
[more]