Zone of Insolvency

Zone of Insolvency

Tag Archives: Bankruptcy

Supreme Court: Bankruptcy Code 363(m) does not limit appellate jurisdiction over sale orders

By Eric Daucher (US), Jason Blanchard (US), Michael Berthiaume (US) and Emily Hong (US) on Posted in Uncategorized
On April 19, 2023, the US Supreme Court unanimously held that Section 363(m) of the Bankruptcy Code is not “jurisdictional,” and therefore does not limit a court’s authority to hear an appeal of a bankruptcy sale order (even if it does limit a court’s ability to void the sale itself). This ruling resolves a circuit… Continue Reading

US Bankruptcy Court dismisses Ch. 15 case, bars foreign representative from appearing before it

By Michael Berthiaume (US) and Francisco Vazquez (US) on Posted in Bankruptcy Courts, Financial Restructuring & Insolvency, Global
Chapter 15 of the Bankruptcy Code was enacted to, among other things, foster cooperation between courts of the United States and courts of foreign countries “involved in cross-border insolvency cases.” 11 U.S.C. § 1501(a). In furtherance of this mandate, Section 1518 of the Bankruptcy Code requires a foreign representative to inform the US court of… Continue Reading

Norton Rose Fulbright’s global restructuring group releases the Q1 2023 issue of International Restructuring Newswire

By NRF Digital Team on Posted in Financial Restructuring & Insolvency, Global
International Restructuring Newswire Q1 2023Our global restructuring team has released its quarterly International Restructuring Newswire. Our new issue features articles from Canada, Germany, the US, France and China/Hong Kong to help you stay current on recent developments in restructurings in various jurisdictions around the globe.… Continue Reading

Norton Rose Fulbright’s global restructuring group releases the Q4 2022 issue of International Restructuring Newswire

By NRF Digital Team on Posted in Financial Restructuring & Insolvency, Global
Our global restructuring team has released its quarterly International Restructuring Newswire. Our new issue features articles from the US, Australia and Canada to help you stay current on recent developments in restructurings in various jurisdictions around the globe. Alto Maipo: Delaware ruling poses jurisdictional challenges for Chapter 11 debtors Financial crime in an economic downturn: tracing… Continue Reading

Global bankruptcy financial restructuring and insolvency group releases the Q2 2022 issue of International Restructuring Newswire

By NRF Digital Team on Posted in Australia, Bankruptcy Courts, Europe, Financial Restructuring & Insolvency, Global, Singapore, US
Our global bankruptcy financial restructuring and insolvency team has released its quarterly International Restructuring Newswire. Our new issue features articles from Singapore, the US, the Netherlands, Canada, Italy and Australia to help you stay current on recent developments in restructurings in various jurisdictions around the globe.   Recent case law developments in Singapore’s restructuring and insolvency laws show… Continue Reading

Omar Salah discusses WHOA in International Insolvency Institute’s Global Perspectives podcast

By NRF Digital Team on Posted in Financial Restructuring & Insolvency, Global
On January 1, 2021, the Act on Court Confirmation of Extrajudicial Restructuring Plans, also referred to as the “Dutch Scheme” or “WHOA” (Wet Homologatie Onderhands Akkoord) entered into force. On this episode of Global Perspectives, Omar Salah, a partner in Norton Rose Fulbright’s Amsterdam office, discusses the reasons for the enactment of the WHOA, its key… Continue Reading

Use of public examination powers significantly increased by High Court of Australia

By Jeffery Black (AU) and Nathan Giacci on Posted in Australia, Financial Restructuring & Insolvency
In Walton v ACN 004 410 833 Limited (formerly Arrium Limited) (In Liquidation) [2022] HCA 3, the High Court of Australia handed down a decision regarding the purposes for which a Court may summon an officer of a corporation for examination about the corporation’s examinable affairs under s 596A of the Corporations Act 2001 (Act).… Continue Reading

Norton Rose Fulbright Financial Restructuring and Insolvency group recognized as ‘Practice Group of the Year’ by Law360

By NRF Digital Team on Posted in Financial Restructuring & Insolvency, US
Norton Rose Fulbright’s US Financial Restructuring and Insolvency group has been named a 2021 “Practice Group of the Year” in the bankruptcy category by Law360. The recognition is based on noteworthy representations in several significant and complex restructuring matters. Read more about this recognition here.… Continue Reading

Global bankruptcy financial restructuring and insolvency group releases the Q1 2022 issue of International Restructuring Newswire

By NRF Digital Team on Posted in Canada, Europe, Financial Restructuring & Insolvency, Global, UK, US
Our global bankruptcy financial restructuring and insolvency team has released its quarterly International Restructuring Newswire.   Our new issue features articles from Canada, Germany, the Netherlands, South Africa, the US and the UK to help you stay current on recent developments in restructurings in various jurisdictions around the globe. Steinhoff restructuring: The Dutch suspension of payments as an… Continue Reading

English Court of Appeal affirms application of the “Gibbs Rule” in a cross-border restructuring

By Scott Atkins (AU) and Francisco Vazquez (US) on Posted in Australia, US
Under the English common law rule known as the “Gibbs rule,” a contractual obligation can be changed or discharged only in accordance with the law governing that obligation. Consequently, a debt governed by English law may not be discharged in a foreign insolvency or under a foreign restructuring plan unless the creditor submits to the… Continue Reading