On Feb. 11, The Wall Street Journal reported that General Motors (GM) was evaluating a potential nominee to its board from four hedge funds, collectively holding more than 34 million of GM’s shares.
By definition, an Adversary Proceeding is a lawsuit filed within the bankruptcy case.
In the latest decision on COMI (Northsea Base Investment Limited & ors  EWHC 121 (Ch)), the English Court had to determine the centre of main interest for a group of companies registered in Cyprus, but where the operations of the companies were managed by a shipping agent in London.
A recent decision by the United States Court of Appeals for the Seventh Circuit underscores the substantial risks secured lenders take when they narrowly define the obligations intended to be secured by their borrowers’ assets.
Filing an involuntary bankruptcy petition is an alternative not often considered by creditors.
With so many companies guarantying student loan debt forgiveness and using Obama’s words to market and sell their offerings, I thought I would set the record straight.
Fraudulent transfer statutes were enacted to protect creditors from improper depletion of a debtor’s assets. They generally accomplish this goal by allowing creditors (or a bankruptcy estate representative) to avoid transactions that are either actually or constructively fraudulent as to creditors, and to recover some or all of the proceeds of the transaction.
Faulty ignition switches led to the recall of more than 2.6 million cars. It’s one of the most significant product liability sagas in recent years. And while deaths and significant injuries are covered through alternative methods, GM may escape a good deal of liability because of the company’s recent bankruptcy.
This post addresses the question of how retention of title (“ROT”) provisions are effectively agreed to as part of the contractual relationship between a supplier and its German customer under German law.