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Thomas Cook Group plc Collapses

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Thomas Cook Group plc Collapses
By Tally M. Wiener, Esq.


The Civil Aviation Authority (CAA) returned 150,000 passengers to the United Kingdom following the collapse of the world’s oldest travel firm1 Thomas Cook Group plc in September of 2019.2 This was part of an initiative called “Operation Matterhorn” through which the CAA undertook what is considered to be the largest peacetime repatriation effort in British history.3 The CAA reported that, during the first 13 days of Operation Matterhorn, 94% of holidaymakers arrived at home on the day of their original departure.4 Remaining passengers needed to make separate arrangements to return home. The British Broadcasting Channel (BBC) reported that people who were covered by the Air Travel Organiser’s License scheme (Atol) would have the cost of their travel packages refunded and that the majority of Thomas Cook holidays were packages that are Atol protected.5 As the turmoil was unfolding, British Airways announced they were among airlines …

There are new procedures governing admission to practice before the United States Bankruptcy Court for the Southern District of New York.

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The United States Bankruptcy Court for the Southern District of New York requires that attorneys practicing before the Court be admitted to practice before the Court.

The United States Bankruptcy Court for the Southern District of New York allows admission pro hac vice.  Pro hac vice admission is a practice in common law jurisdictions allowing attorneys who have not been admitted to practice in a jurisdiction to participate in a particular case in the jurisdiction.

The procedures governing pro hac vice admission in the District have changed.  On June 13, 2019, the Court sent an email describing the new procedures to attorneys who are admitted to practice before the Court, which I received because I am an attorney admitted to practice before the Court.  
These new procedures do not apply to individuals who are not attorneys who are proceeding pro se (on behalf of themselves without counsel).  
It is good to know about the new procedures, for planning purposes.  This is because admissi…

Chief Bankruptcy Judge for the Southern District of New York Signs General Order In Light of Partial Federal Government Shutdown

Please see General Order M-527  signed on December 26, 2018 by Chief Judge Cecelia G. Morris Re: Stay of Certain Proceedings and Tolling of Deadlines Pending the Restoration of Department of Justice Funding.

50,000 jobs at Sears may be saved by a bid for the company

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Forbes' coverage of a $4.6 billion bid for Sears by the company's Chairman, received shortly before the deadline for submitting bids:
https://www.forbes.com/sites/lauraheller/2018/12/29/sears-survives-into-the-new-year-with-last-minute-4-6b-bid/#6469da9caaf3


For more on Sears' bankruptcy proceedings, including filings in Sears' chapter 11 bankruptcy cases pending here in the Southern District of New York, see https://restructuring.primeclerk.com/sears/

The United States District Court for the Southern District of New York and the United States District Court for the Eastern District of New York have adopted the NextGen CM/ECF Electronic Filing System. Action is Required. CM/ECF users must follow instructions provided by the Courts to electronically file with them after October 9, 2018.

Electronic filing - also referred to as efiling - with federal courts has become normal in most jurisdictions.  Some courts continue to accept paper filings, and some do not. 

Court clerks' offices that accept paper filings typically accept them during business hours (or certain hours from 9 am to 5 pm).  People wishing to file at other hours are instructed to use secure drop boxes.  
Some courts have hybrid procedures so, for example, filings are made with the courts electronically and hard copies of briefs need to be hand delivered or sent to the courts by mail or courier.

Most attorneys find electronic filing more convenient than paper filing because the electronic filing system is usually available 24 hours a day, 7 days a week.  Electronic filing saves paper and is more friendly to the environment, though some people still prefer to use paper.
Once an attorney is admitted in a jurisdiction and has obtained a username and password (and in some jurisdictions taken a mandatory …

Alert About Filing Documents Electronically with the US Bankruptcy Court for the Southern District of New York

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One of the important aspects of practicing law in the information age is understanding that there is a duty of technology competence.  Can an attorney get help with tasks requiring a working understanding of how to use technology?  Yes.  While tasks can be delegated, responsibility cannot be delegated.

There are a variety of approaches for dealing with this in a litigation practice.  The approach I recommend is the one I have employed in my litigation practice - being enthusiastic about learning and keeping up with developments in technology.  It is also helpful to have IT support in the form of a knowledgeable person who is available to assist; as a basic courtesy the person should be asked to block out the time to be available to assist with as much notice as possible.

There are rewards, including the satisfaction of working up legal papers and then being able to file them yourself.  Alternatives include waiting for somebody else, who will be using your password, whose actions you …

Who will rescue the bankrupt American firearms maker Colt?

According to The Desert Sun, the Morongo Band of Mission Indians is considering investing in or purchasing Colt.  A specialist in tribal finances observes that "they've got a very sophisticated operation.... If there is a viable economic opportunity (in Colt) Morongo is a tribe that's well positioned to take it over."


For more, see http://www.desertsun.com/story/money/business/2015/07/08/morongo-tribe-colt-firearms-bankruptcy/29869485/


The Tribe's counsel first appeared in the case on June 25, 2015.  http://www.kccllc.net/coltdefense/document/1511296150625000000000006


Will the Tribe save Colt, or will other prospective financiers come forward?  Time will tell. 


Meanwhile, people interested in the Colt bankruptcy proceedings, which are pending in Delaware, can access the Bankruptcy Court's docket and other publicly available information for free online at http://www.kccllc.net/coltdefense/