No Winding-up Petition? No Problem.

By | eSQUIRE Global Crossings | March 8, 2017
The recent Chancery Division judgment in Re Gracio Property Company Limited [2017] B.C.C 15 (“Gracio”) saw the court make an order for a compulsory liquidation without any winding-up petition having been issued. The facts: This was an application under paragraph 79 of Schedule B1 to the Insolvency Act 1986 (“IA86”) by the administrators of Gracio for the administration to be brought to an end, View Full Post
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Committees: Can the U.S. Trustee Disband What the U.S. Trustee Forms?

Sometimes the smallest bankruptcy cases give rise to the most interesting legal questions.  One such case was that of ScripsAmerica, Inc., which gave rise to the question of whether the Office of the United States Trustee (the “UST”) has the statutory authority to disband a committee of unsecured creditors once a committee is appointed, or whether that authority resides with the Bankruptcy Court. View Full Post
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A Long Road Trip: The GM Bankruptcy Saga Continues

In a prior blog post, we discussed the Second Circuit Court of Appeals’ reversal of the bankruptcy court in In re General Motors.  In its opinion, the Second Circuit held that a sale of assets without proper notice to potential plaintiffs with defect claims violated the plaintiffs’ due process rights and resulted in a sale to “New GM” that was not, in fact, “free and clear” of those claims.  View Full Post
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United States Fifth Circuit Upholds Dismissal of Flood Protection Authority Case Against Oil and Gas Industry Members

By | Louisiana Law Blog | March 3, 2017
On March 3, 2017, the United States Fifth Circuit Court of Appeals issued its long-awaited opinion in the matter of Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East, et al. vs. Tennessee Gas Pipeline Company, LLC, et al., No 15-30162, Slip Op. View Full Post
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Effective Immediately, EPA Withdraws Information Collection Request for Methane Emissions from Existing Oil & Gas Sources

By | Louisiana Law Blog | March 3, 2017
EPA By Brittany Buckley Salup On March 2, 2017, the EPA withdrew its information collection request (ICR) regarding methane emissions from existing oil and gas facilities.  EPA finalized and issued the underlying ICR on November 10, 2016.  Since that time, EPA sent letters to thousands of owners and operators in the oil and gas industry, requiring them to complete surveys regarding their existing facilities.  View Full Post
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Delaware Organizational Meeting – Lily Robotics, Inc.

Upcoming Committee Formation Meeting: Tuesday, March 14, 2017, 10:00 am Case Name: 17-10426 (KJC) Location:  The Doubletree Hotel 700 King Street Wilmington, DE 19801 Notice of Formation Meeting for Official Committee of Unsecured Creditors can be found here.  See the petition for relief and the First Day Declaration to learn more. View Full Post
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Genomics, DNA and Asbestos Litigation – Don’t Miss the Perrin Conference On March 6-7

By | GlobalTort | March 3, 2017
The March 6-7 Perrin Asbestos Litigation conference will be valuable, as always. I’m especially looking forward to this panel: “3:45 PM – The Role of DNA in Asbestos Litigation  Arnold R. Brody, Ph.D., Professor Emeritus, Department of Pathology, Tulane University School of Medicine – New Orleans, LA Joshua D. View Full Post
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