Regional news: United States of America

Community round-up: global lateral moves in January

Allen & Overy and Akin Gump have hired in Europe, Gibson Dunn has recruited a Jones Day partner in New York and Teneo has secured two London-based managing directors from Interpath.

03 February 2023

Crypto miner replaces DIP facility after “unusual” rise in Bitcoin value

Bankrupt crypto miner Core Scientific has been allowed to replace a debtor-in-possession financing facility it obtained interim approval of in December, after telling a Texas court the rising price of Bitcoin had substantially improved its cashflow since it entered Chapter 11.

02 February 2023

Boeing denied leave to appeal Chapter 15 discovery order

US multinational The Boeing Company has failed in its attempt to appeal a disclosure order obtained by South African airline Comair in its Chapter 15, after a New York district court dismissed arguments that the order was “final” entitling Boeing to appeal as of right.

02 February 2023

Hong Kong’s Harris talks Gibbs, Modern Land and Model Law

Mr Justice Harris has predicted Hong Kong will soon become a signatory to the UNCITRAL Model Law and said US judges “don’t fully understand” the concerns of Hong Kong courts in the wake of the controversial cross-border restructuring of Chinese real estate developer Modern Land.

01 February 2023

Willkie Farr advising Canadian office furniture manufacturer in Ch15

A 130-year-old Canadian office furniture manufacturer, whose already shaky financial position deteriorated with the pandemic, has tapped Willkie Farr & Gallagher as counsel as it seeks recognition of its Canadian Companies’ Creditors Arrangement Act liquidation in New York.

31 January 2023

California court allows cannabis company to sell assets in bankruptcy

A former cannabis products manufacturer has been allowed to sell its assets and distribute the proceeds in a Chapter 11 case in Los Angeles, in a ruling that lawyers say could open the door for distressed cannabis companies to complete orderly wind downs in bankruptcy.

30 January 2023

Health sensor SPAC files dual US-Cayman restructuring

A company that develops sensors used in smart watches has filed the second known application for restructuring officers in the Cayman Islands and entered a pre-packaged Chapter 11 in New York to equitise two sets of notes.

27 January 2023

White & Case advising as Americanas files Ch15 in New York

Rio de Janeiro-headquartered retail giant Americanas has sought New York recognition of its Brazilian judicial recovery proceedings to protects its US assets, two weeks after it disclosed a near four-billion-dollar gap in its balance sheet.

26 January 2023

Weil and Gibson Dunn advising as Serta Simmons files Ch11

North American bedding group Serta Simmons has sought bankruptcy protection in Texas, automatically staying a claim brought against it in New York last year by lenders who claim they were robbed of their rights during a refinancing in 2020.

25 January 2023

English court orders Chinese businessman to disclose documents to Ch11 trustee

An exiled Chinese businessman, who filed for bankruptcy in the US last year claiming to be in “continuous fear” of the Chinese government, has been ordered to disclose documents to his Chapter 11 trustee in relation to a claim he is pursuing against Swiss bank UBS in London.

24 January 2023

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