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{ Monthly Archives } September 2008

In re Oversight & Control Comm’n of Avanzit, S.A.

  A United States Bankruptcy Court recently clarified that a foreign proceeding in which a repayment plan had been approved and court supervision reduced was still eligible for recognition under chapter 15 of the U.S. Bankruptcy Code. This commentary discusses the “court supervision” and “pending proceeding” requirements for chapter 15 recognition and analyzes the argum

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In re Bear Stearns: Court Slams Door on Subjective Approach to Chapter 15

  Excerpt:   The liquidators of two Cayman registered hedge funds appealed the bankruptcy courts refusal to grant recognition to foreign proceedings that did not satisfy chapter 15’s strict eligibility requirements.

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Employee Benefits and Executive Compensation in Corporate Bankruptcy

  This Expert Commentary provides brief excerpts from the Collier Monograph Employee Benefits and Executive Compensation in Corporate Bankruptcy on (1) the treatment of defined benefit plans and interactions with the Pension Benefit Guaranty Corporation, (2) executive compensation and claims related to non-qualified retirement benefits and (3) modificat

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