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Experienced in Insolvency Law - Trends
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Involuntary filings under Section 303 of the United States Bankruptcy Code (the Code) by creditors trying to force foreign corporate debtors into US bankruptcy proceedings have correspondingly increased. 1 Often, these involuntary filings occur when foreign insolvency proceedings are pending, and the court may thus need to decide whether it can exercise jurisdiction. Thus, courts are required to determine whether to abstain from exercising jurisdiction over an involuntary petition, either by suspension or dismissal, and cede jurisdiction to a foreign court of insolvency pursuant to section 305(a)(1) of the Code. 2 Section ...
The asset-backed market has grown to become one of the largest capital markets in the world in terms of size and volume. Since 1998, companies have increasingly often used whole–business securitization to refinance whole lines of businesses that frequently form a substantial portion of the assets of the parent company. In one year’s time, both the Dunkin Brands transaction (May 2006) and the Domino’s Pizza deal (April 2007) pushed about $3.5 billion of asset-backed papers onto the market. Transactions in this asset class have primarily focused on the intellectual property arena, including ... Read More
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