Dan Moss

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Articles

U.S. Bankruptcy Court Directs Turnover of Chapter 15 Debtor's Assets for Administration in Foreign Bankruptcy Proceeding | JD Supra

3 weeks ago | jdsupra.com | Corinne Ball |Dan Moss |Isel M. Perez

Nearing its 20th anniversary, chapter 15 of the Bankruptcy Code is an invaluable framework for coordinating cross-border bankruptcy cases involving foreign debtors that have assets located in the United States. It includes a host of provisions empowering a U.S. bankruptcy court to provide assistance to a foreign bankruptcy court or its representatives under the principle of international comity.
Florida Bankruptcy Court Refuses to Recognize Pre-Judgment Asset Freeze Order of Brazilian Bankruptcy Court as Being Manifestly Contrary to U.S. Public Policy | Jones Day - JDSupra

2 months ago | jdsupra.com | Corinne Ball |Nicholas Morin |Dan Moss

The expansion of global commerce in recent years has been accompanied by a significant increase in the volume of cross-border bankruptcy cases. Many of those cases involve "recognition" of foreign bankruptcy or insolvency proceedings under chapter 15 of the Bankruptcy Code and enforcement in the United States of the terms of foreign restructuring plans approved by non-U.S. courts.
Ninth Circuit: Reversal on Appeal of Order Denying Chapter 15 Recognition Does Not Retroactively Trigger Automatic Stay | JD Supra

2 months ago | jdsupra.com | Corinne Ball |Dan Moss |Michael C. Schneidereit

It is generally recognized that an order of a U.S. bankruptcy court recognizing a debtor's foreign bankruptcy proceeding as a "main" proceeding under chapter 15 of the Bankruptcy Code triggers the automatic stay preventing creditor collection efforts against the debtor and its U.S. assets.
Ownership Dispute Regarding Foreign Debtor's U.S. Assets Must Be Resolved Before a U.S. Bankruptcy Court Can Approve Sale Under Section 363 in Chapter 15 Case | Jones Day - JDSupra

Sep 26, 2024 | jdsupra.com | Corinne Ball |Randi Lesnick |Dan Moss

As the enactment of chapter 15 of the Bankruptcy Code approaches its 20-year anniversary, U.S. bankruptcy courts are still grappling with some unresolved issues concerning how its provisions should be applied to best harmonize cross-border bankruptcy cases. One of those issues was the subject of a bench ruling handed down by the U.S. Bankruptcy Court for the District of Delaware. In In re Goli Nutrition Inc., 2024 WL 1748460 (Bankr. D. Del. Apr.
First Impressions: Singapore International Commercial Court Approves Cross-Border Prepackaged Scheme Of Arrangement For Unregistered Foreign Company

Sep 24, 2024 | mondaq.com | Sushma Jobanputra |Vinay Kurien |Dan Moss |Corinne Ball

The Singapore International Commercial Court (the "SICC"), a division of the General Division of the High Court and part of the Supreme Court of Singapore, was established in 2015 as a trusted neutral forum to meet increasing demand for effective transnational dispute resolution.
Ownership Dispute Regarding Foreign Debtor's U.S. Assets Must Be Resolved Before A U.S. Bankruptcy Court Can Approve Sale Under Section 363 In Chapter 15 Case - Insolvency/Bankruptcy - Insolvency/Bankruptcy/Re-Structuring - United States

Sep 24, 2024 | mondaq.com | Dan Moss |Randi Lesnick |Corinne Ball

As the enactment of chapter 15 of the Bankruptcy Code approaches its 20-year anniversary, U.S. bankruptcy courts are still grappling with some unresolved issues concerning how its provisions should be applied to best harmonize cross-border bankruptcy cases. One of those issues was the subject of a bench ruling handed down by the U.S. Bankruptcy Court for the District of Delaware. In In re Goli Nutrition Inc., 2024 WL 1748460 (Bankr. D. Del. Apr.
The Adler Aftermath: From Colombia to Germany, Junior Creditors Crammed and Compromised

Apr 4, 2024 | lexology.com | Heather Lennox |Corinne Ball |David Harding |Ben Larkin |Dan Moss |Hannah Plumb

In Short The Situation: Following the seminal Adler judgment, the English Court has now ruled on a further two contested restructuring plans ("RPs"). These two judgments provide important commentary relevant to all parties considering or affected by a RP.
Singapore Court Issues Landmark Decision Recognizing Indonesian Restructuring Plan

Mar 27, 2024 | lexology.com | Heather Lennox |Roger Dobson |Katie Higgins |Sushma Jobanputra |Vinay Kurien |Dan Moss

The Singapore International Commercial Court ("SICC") has handed down its first insolvency-related ruling. The court granted recognition and full force and effect to Indonesia's flagship airline's restructuring plan. That plan had been approved in accordance with Indonesian law. In granting recognition to the Indonesian plan under Singapore's version of the UNCITRAL Model Law on Cross-Border Insolvency, the SICC overruled objections to recognition from aircraft lessors.
Singapore International Commercial Court Issues First Decision on Recognition of Cross-Border Bankruptcy Cases under Model Law | JD Supra

Mar 26, 2024 | jdsupra.com | Sushma Jobanputra |Vinay Kurien |Dan Moss

Established in 2015 as a trusted neutral forum to meet increasing demand for effective transnational dispute resolution, the Singapore International Commercial Court (the "SICC") is a division of the General Division of the High Court and part of the Supreme Court of Singapore. On January 18, 2024, the SICC handed down its first insolvency-related ruling.
The Year In Bankruptcy: 2023 | JD Supra

Feb 13, 2024 | jdsupra.com | Dan Moss

One year ago, we wrote that 2022 would be remembered in the corporate bankruptcy world for the "crypto winter" that descended in November 2022 with the spectacular collapse of FTX Trading Ltd., Alameda Research, and approximately 130 other affiliated companies that ignited the meltdown of many other platforms, exchanges, lenders, and mining operations because they did business with FTX.

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