Rochelle's Daily Wire

A foreign liquidator, who ran into problems in the Third Circuit using common law, changed course and quickly obtained relief in chapter 15.

The Delaware district court affirmed Bankruptcy Judge Thomas Horan, who ruled that a creditor cannot sue a chapter 15 debtor in bankruptcy court on a prebankruptcy claim.

Alter ego claims belong to the creditor, not to the bankrupt estate.

Chicago’s Bankruptcy Judge Timothy Barnes explained eight years ago why bankruptcy stays do not require personal jurisdiction, unlike injunctions in receiverships.

Fifth Circuit says that the court must have obtained personal jurisdiction over a third party in a receivership to enforce an injunction. Is the same true for the automatic stay and the discharge injunction in bankruptcy? Is there no injunction before there’s personal jurisdiction?

Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.

New York’s Judge Martin Glenn disapproved a lockup agreement masquerading as a plan-support agreement that required the creditor to vote for any plan the debtor might propose.

For the time being, the Eleventh Circuit has split with the Second Circuit on whether a chapter 15 debtor must have property in the U.S. to gain foreign recognition.

With no opposition, a mainland Chinese company with an approved arrangement in Hong Kong might win foreign main recognition in the U.S.

A foreign branch of a U.S. bank isn’t a foreign bank eligible for chapter 15.