Bankruptcy Blogs

Unfair Lehman and Nortel pensions decision wrecks the rescue culture

12/12/10

The administrators of 20 Lehman and Nortel companies face meeting Financial Support Directions (FSDs) and Contribution Notices (CNs) from The Pensions Regulator as an expense of the administrations because of the judgment handed down by Mr Justice Briggs. The implications...

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Unfair Lehman and Nortel pensions decision wrecks the rescue culture

12/12/10

The administrators of 20 Lehman and Nortel companies face meeting Financial Support Directions (FSDs) and Contribution Notices (CNs) from The Pensions Regulator as an expense of the administrations because of the judgment handed down by Mr Justice Briggs.

The implications for the rescue culture are severe - unless the hope expressed by Briggs J

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Tiny, Hidden Credit Report Errors Can Lead to Bankruptcy

12/12/10

Credit reporting mistakesThe Wall Street Journal recently published a new story entitled

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Second Circuit Affirms Unfavorable Plan Treatment of Senior Secured Creditor in DBSD North America

12/10/10

The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”). (The Second Circuit upheld a separate challenge to the plan brought by an unsecured creditor). The

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Second Circuit Affirms Unfavorable Plan Treatment of Senior Secured Creditor in DBSD North America

12/10/10

The Second Circuit Court of Appeals issued a summary order this week upholding the aggressively unfavorable treatment of a senior secured creditor under the reorganization plan (the “Plan”) of DBSD North America, f/k/a ICO North America (“DBSD”). (The Second Circuit upheld a separate challenge to the plan brought by an unsecured creditor). The

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Decision in Custom Food Products Looks at Requirements for Service By Mail

12/09/10

Those not familiar with the Federal Rules of Bankruptcy Procedure are often surprised to learn that service by mail is sufficient in a bankruptcy proceeding.  Federal Rule of Bankruptcy Procedure 7004(b)(3) authorizes service on a corporation (foreign or domestic) within the United States by first class mail as follows:

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Treatment of IP Licenses in Bankruptcy: An Updated 2011 PLI Seminar Outline

12/09/10

Last year I spent about 75 hours creating an outline on the treatment of intellectual property licenses in bankruptcy for a PLI seminar, which I published here

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Foreign insolvency judgment enforcement - a fiction?

12/08/10

Rubin & Lan v Eurofinance led us to say in August 2010 that the Court of Appeal had taken a novel approach founded on the principles of modified universalism, developing the common law and allowing enforcement of a foreign insolvency...

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Foreign insolvency judgment enforcement - a fiction?

12/08/10

Rubin & Lan v Eurofinance led us to say in August 2010 that the Court of Appeal had taken a novel approach founded on the principles of modified universalism, developing the common law and allowing enforcement of a foreign insolvency judgement when an ordinary foreign judgement could not have been enforced.

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