The following Restructuring & Insolvency practice note Produced in partnership with Julie Lanz of Skadden Arps Slate Meagher & Flom LLP provides comprehensive and up to date legal information covering:
A chapter 11 case may be commenced in the district court for the district in which the domicile, residence, principal place of business in the US, or principal assets in the US, of the person or entity that is the subject of the case has been located for the 180 days immediately preceding commencement or has been located in such district for a longer portion of such 180 day period than in any other district (28 U.S.C. § 1408). Further:
for business entities, domicile means the place of organisation or incorporation (see: In re Dunmore Homes BR 663 670 (Bankr SDNY 2008) (not reported by LexisNexis®))
courts either find that the place of organisation or incorporation of a business entity is also its residence or that the term residence as used in the bankruptcy venue statute is a term that applies only to individuals and not business entities (see: In re Houghton Mifflin Harcourt Pub. Co. 474 BR 122 135 (Bankr SDNY 2012) (not reported by LexisNexis®))
for business entities, the principal place of business refers to the place where the entity’s officers direct, control and co-ordinate the entity’s activities, ie its nerve centre (see: Hertz Corp. v Friend 559 US 77 80 (2010) (not reported by LexisNexis®))
it is not unusual for the place of organisation to be different from the location of the principal place
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Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
Defending a tort claim—general considerationsIn reality, many claims are ‘defended’ on the basis that the defendant either did not owe the claimant a duty, or there was no breach of duty or there was a break in the chain of causation.In each of those cases, the claimant has failed to establish that
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What is the slip rule?The slip rule is a process by which the court may correct an accidental slip or omission in a judgment or order (see: CPR 40.12 and CPR PD 40B, paras 4.1 and 4.5).This rule only covers genuine slips or omissions in the wording of a sealed court order or handed down judgment
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