Global legal insights listing | Herbert Smith Freehills Kramer

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Bankruptcy and restructuring
Americas

Ninth Circuit BAP holds that California partnership law yields to the Bankruptcy Code on management rights, rendering void attempts to strip estate of rights

BAP applies automatic stay to non-debtor to protect estate claims

Massachusetts bankruptcy court denies Chapter 15 recognition of Russian involuntary bankruptcy imposed on individual debtor

S.D.N.Y. recognizes In re ARD Finance as the first Chapter 15 “foreign main proceeding” under Luxembourg’s 2023 restructuring statute

Delaware district court affirms enforcement of nonconsensual releases under Chapter 15

Disallowance of an indemnification claim under Section 502(e)(1)(B) decided on state law distinction, not the text of the code

New Jersey bankruptcy court upholds debtor-chosen venue under Asset Based Approach

20 February 2026

Implications of the US Supreme Court’s tariffs ruling

Global reach, local knowledge

Recent Chapter 15 cases show potential for non-consensual third-party releases based upon foreign (non-US) proceedings

Pension plan withdrawal liability takes center stage in bankruptcy judge's "preliminary observations"

23 January 2025

Third Circuit Chides SEC for Terse Refusal To Engage in Crypto Rulemaking

On Jan. 13, 2025, a unanimous panel of the U.S. Court of Appeals for the Third Circuit held that the Securities and Exchange Commission (SEC or the …

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