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As expected (and predicted), the bankruptcy judge in Dallas, Texas granted Mt. Gox’s request for an order of “recognition” that the debtor’s Tokyo insolvency action was a “foreign main proceeding.” She will also allow Mt. Gox’s bankruptcy trustee, Nobuaki Kobayahsi, to act as the “foreign representative” of the debtor in connection with whatever relief it might seek in the Chapter 15 case.
Continue Reading Mt. Gox’s Chapter 15 Case Is Officially Underway

On May 21, the bankruptcy trustee for Mt. Gox advised depositors that the bankruptcy case in Tokyo was proceeding.  The information contained in the email was limited in scope, guarded and of little use in understanding the trustee’s view of how the bankruptcy ultimately may resolve.  …
Continue Reading Mt. Gox Trustee Communicates with the Exchange’s Depositors

On April 28, in the wake of Mt. Gox’s Japanese rehabilitation proceeding having been converted to a liquidation proceeding, a proposal for selling and restarting the Mt. Gox exchange was submitted in the pending class action litigation in Illinois. The proposal was accepted by plaintiffs in the class action litigation before a class had even been certified.
Continue Reading Proposal Made for Restarting the Mt. Gox Exchange

As predicted, the court in Tokyo has ruled that Mt. Gox will be liquidated. An “Announcement of Commencement of Bankruptcy Proceedings” was posted overnight April 24 by the Japanese bankruptcy trustee Nobuaki Kobayashi on the Mt. Gox site to confirm that the company is officially in bankruptcy (liquidation) in Japan.  The Announcement also includes a “Frequently Asked Questions” section to give a very high level overview of the liquidation process.
Continue Reading Mt. Gox to be Liquidated

On April 16, Mt. Gox’s civil rehabilitation proceeding in Tokyo (something similar to a U.S. Chapter 11) was dismissed and the initial stages of a bankruptcy liquidation under Japanese law began. An Interim Administrator (Nobuaki Kobaysahi) has been named until the Japanese court decides whether the liquidation will begin and whether a different Administrator replaces the Interim Administrator. How this situation came to be is an interesting tale.
Continue Reading Mt. Gox Heads Toward Liquidation

Introduction

Mt. Gox has filed a civil rehabilitation proceeding under Japanese law, and subsequently filed a companion case in Dallas, Texas under Chapter 15 of the U.S. Bankruptcy Code. The U.S. Bankruptcy Court issued an initial stay (injunction) to protect Mt. Gox and its U.S. assets from actions by creditors and set a hearing for April 1 and 2 to consider whether Mt. Gox would receive the full protections allowed to foreign companies by Chapter 15. If the U.S. court allows the Chapter 15 case to be maintained, certain provisions of the U.S. Bankruptcy Code will apply to parties in interest. What are the implications of these cases for Mt. Gox’s creditors?
Continue Reading Mt. Gox’s Japanese Bankruptcy and U.S. Chapter 15 Case – Implications For Creditors