Business Restructuring Review
In this issue:
- Rule 2019 Redux: The Ad Hoc Committee Disclosure Debate Resurrected
After a hiatus of two and one-half years, the Rule 2019 ad hoc committee disclosure debate resurfaced with a flurry of bankruptcy rulings establishing a clear rift among the courts on the issue.
- Cross-Border Bankruptcy Battleground: The Importance of Comity (Part I)
The role of comity in cross-border bankruptcy cases both within and outside the framework of chapter 15 was highlighted by rulings in the Metcalfe & Mansfield and Lehman Brothers bankruptcy cases.
- Claims Traders Rejoice: Sixth Circuit Reverses Original Document Ruling
Participants in the multibillion-dollar bankruptcy claims-trading market breathed a collective sigh of relief when the Sixth Circuit handed down its highly anticipated ruling reversing lower-court decisions sanctioning a consumer claims trader for failing to make "a reasonable pre-filing inquiry" to ascertain whether an acquired claim was bona fide.
- Recent Trends in the French Restructuring Market: The Autodis Example
The restructuring of French auto parts company Autodis is a perfect illustration of the positive consequences of reforms of the French bankruptcy code in effect since February 15, 2009.
- In Brief: Impact of U.S. Supreme Court’s Ruling on Principal Place of Business on Choice of Bankruptcy Venue Unclear
A recent Supreme Court ruling on what constitutes a corporation’s "principal place of business" for jurisdictional purposes may impact the chosen venue for a chapter 11 case, even though the decision did not involve bankruptcy venue requirements.