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International Edition

Willkie Raids Latham for 11-Lawyer Restructuring Team in Major German Expansion

Willkie Farr & Gallagher has hired former Latham bankruptcy and restructuring lawyers Jörn Kowalewski, Ulrich Klockenbrink and Hendrik Hauke as part of its new German strategy along with counsel Jan-Philipp Praß and a team of seven associates.
4 minute read

International Edition

White & Case Acts as North Sea Oil Company Waldorf Files for Administration

The firm recently established an insolvency practice in Australia and added a restructuring partner in Hong Kong.
1 minute read

Delaware Law Weekly

DSBA to Hold Bankruptcy CLE

The bankruptcy section of the Delaware State Bar Association (DSBA) is scheduled to hold a live CLE titled "Bankruptcy Nuts and Bolts 2024" from 9 a.m. to 12:30 p.m. on June 12.
1 minute read

Daily Business Review

FTX Investors Object to Disclosure Statement's Alleged Undervaluing of Crypto, Omitting Investigation Into Am Law 100 Firm

"It is extraordinary that in this case, there were so many important details that were not included in the disclosure statement that are key to the ultimate decision of whether you approve the plan or not," said Adam Moskowitz, managing partner at the Moskowitz Law Firm.
5 minute read

New York Law Journal

Are Make-Whole Provisions Enforceable in Bankruptcy? It May Depend on Where the Debtor Files

Most make-whole provisions are enforceable outside of bankruptcy, but courts have issued conflicting decisions on their enforceability in Chapter 11 cases.
8 minute read

New York Law Journal

Article 12 Amendments to UCC Can Fix 'Fatal Flaws' of Laws Governing Digital Assets

Updating the NY UCC will further New York's well-established policy of encouraging New York choice of law and jurisdiction in commercial contracts and will help facilitate ever-growing electronic commerce in New York.
8 minute read

New York Law Journal

Bankruptcy Rule 9031: Out of Date and Out of Touch—Why an Amendment is Long Overdue

Rule 9031 of the Federal Rules of Bankruptcy Procedure prevents all bankruptcy judges and, if broadly interpreted, any federal judge hearing bankruptcy cases and proceedings, from appointing special masters. The rule is outdated and should be repealed or amended to accord with the reality of today's complex Chapter 11 cases.
9 minute read

New York Law Journal

The New Venue Debate: Inefficiencies of Applying a Dated Statute to a Modern World

While debtors' selection of venue in Chapter 11 cases and the relevant statutes have been the subject of historical debate, the scrutiny of venue has noticeably increased with a material uptick in venue inquiries and formal objections.
8 minute read

New York Law Journal

Are Bankruptcy Avoidance Actions Becoming a Marketable Asset Class?

Courts have limited standing to pursue those actions to parties who can be classified as a "representative of the estate" under Section 1123 of the Bankruptcy Code. The Fifth Circuit's recent ruling in 'In re South Coast Supply' may change all that.
9 minute read

National Law Journal

Supreme Court Says Insurer Can Object to Chapter 11 Bankruptcy Plan

Justice Sonia Sotomayor, writing for the court, stated that an insurer is a "party in interest" that can object when it "may be directly and adversely affected by the reorganization plan."
2 minute read

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