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Must Foreign Debtors Have U.S. Property to be Eligible for Relief under Chapter 15?

Chapter 15 of the U.S. Bankruptcy Code provides a streamlined process for recognition (a form of comity) of a foreign insolvency proceeding. However, courts are divided as to whether a foreign debtor must satisfy the general...more

Protecting the Supply Chain: U.S. Government Studies the Role of Federal Agencies in Ocean Carrier Bankruptcies

In December 2018, the Frank LoBiondo Coast Guard Authorization Act (the “LoBiondo Act”) was enacted to, among other things, improve and support the operation and administration of the Coast Guard and update maritime and...more

Main Street Lending Program: Lender Registration Now Open

On June 15, 2020, the Federal Reserve Bank of Boston (“Boston Fed”), which administers the Main Street Lending Program (“MSLP”), announced that the program is now open for lender registration. We refer you to our earlier...more

Main Street Lending Moves Closer to Launch Date as Boston Fed Publishes Forms and Updated FAQs

As we previously reported, the Federal Reserve Board’s Main Street Lending Program (“MSLP”) is soon expected to be up and running. In a significant move toward launching the program, on May 27, 2020, the Federal Reserve Bank...more

Federal Reserve Board Expands $600 Billion Main Street Lending Program for Small and Medium-Sized Businesses

On April 30, 2020, the Federal Reserve Board ( the “Fed”) announced changes to the Main Street Lending Program originally announced on April 9, 2020, expanding the types of facilities and the eligibility of lenders and...more

Federal Reserve Establishes Two Main Street Lending Facilities Providing up to $600 Billion to Small and Mid-Sized Businesses

In a continuing series of measures to support the U.S. economy during the COVID-19 national emergency, the Board of Governors of the Federal Reserve System has announced the exercise of powers under Section 13(3) of the...more

Problems in the Code

The title III debt-adjustment proceedings for the Commonwealth of Puerto Rico and its agencies have yielded several important and, in some cases, groundbreaking rulings by the U.S. District Court for the District of Puerto...more

MAINBRACE: April 2019

Note from the Editor - Spring seems to be upon us, at last. Perhaps we have no right to complain about the weather, but that has never stopped us! It seems like our New York, Washington, D.C., and Philadelphia offices...more

UNCITRAL’s Model Law on Recognition and Enforcement of Insolvency-Related Judgments – A Universalist Approach to Cross-Border...

In its July 2018 session, UNCITRAL adopted and promulgated the Model Law on Recognition and Enforcement of Insolvency-Related Judgments (“MLIRJ”). The MLIRJ has been developed over the last four years by UNCITRAL’s Working...more

Mainbrace: June 2018 (No. 2)

What #MeToo Means for the Maritime World - The #MeToo movement has shone new attention on issues for employers in the maritime industry seeking to ensure that seafarers and shore-based personnel can participate in a work...more

Mainbrace: March 2018 (No. 1)

Ballast Water Management: The Conundrum Continues - It has been about 15 months since the U.S. Coast Guard (“USCG”) type-approved the first three ballast water management systems (“BWMSs”) in December 2016; three more...more

Breaking New Ground in U.S. Cross-Border Insolvency Law

Russian Insolvency Proceedings Recognized under Chapter 15 of the United States Bankruptcy Code - Blank Rome LLP’s bankruptcy team has the distinction of representing foreign representatives of Russian debtors in two...more

Mainbrace: March 2017 (No. 2)

What’s different about “change” in 2017? It certainly seems that we need to redefine what we mean when we consider the term itself. Shipping historically has been a conservative industry, but its adaptability over the...more

Supreme Court Watch 2016-2017 - Part I: Structured Dismissals and Insider Claims

The Supreme Court’s 2016–2017 term began last week with attention to two bankruptcy issues: Structured dismissals and insider claims. Structured Dismissals: - Structured dismissals occur when a company’s assets in...more

Madden v. Midland Funding: Supreme Court Leaves Non-Bank Loan Assignees Exposed to State Usury Laws

On June 27, 2016, the Supreme Court of the United States (the “Court”) denied Midland Funding LLC’s petition for certiorari in Madden v. Midland Funding, thereby letting stand a ruling by the Court of Appeals for the Second...more

Mistakes and Regrets: UCC Filing Error Terminates Security Interest

Action Item: When a secured loan is being paid off, lenders routinely authorize the borrower’s counsel to prepare and file UCC termination statements releasing the lender’s security interest in the borrower’s property. ...more

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