Washington, D.C.

Results for Washington, D.C.

Illinois Supreme Court Holds Guarantor Not a Surety Under Illinois Sureties Act

A recent decision of the Illinois Supreme Court examined the Illinois Sureties Act, which was originally enacted in 1819. That statute affords certain affirmative defenses to sureties in enforcement actions. The court held that that Sureties Act does not ...

Resource Article - abi_editor - 03/16/2011 - 15:49 - 0 comments - 0 attachments

Foreign Representative Granted Avoidance Powers in Chapter 15 Case

In Fogerty v Petroquest Resources Inc (In re Condor Ins Ltd)(1) the Fifth Circuit Court of Appeals held that, pursuant to Section 1521 of the Bankruptcy Code, the foreign representatives of Condor Insurance Ltd (appointed by the Nevis court) could use Ne ...

Resource Article - abi_editor - 06/07/2011 - 17:40 - 0 comments - 0 attachments

RESTRUCTURING AND FINANCE DEVELOPMENTS: Bankruptcy Court Approves Novel Exit Financing Technique in Pre-Packaged Chapter 11 Case

(North America, United States, Washington, D.C.) bankruptcy,insolvency,headlines,articles,legislatives,debt,resources,insol,North America,United States,Washington,D.C. ...

Resource Article - abi_editor - 03/10/2011 - 14:10 - 0 comments - 1 attachment

Court held that consumer’s discharged bankruptcy did not terminate his agreement to arbitrate FCRA claims with the creditor

Facts: Appellee Brough (“Brough”) executed a contract for a loan to purchase a mobile home through Appellant Green Tree Servicing, LLC’s (“Green Tree”) predecessor. The contract contained a mandatory arbitration provision. Brough defaulted on the contrac ...

Resource Article - abi_editor - 03/10/2011 - 12:49 - 0 comments - 0 attachments

Cross-border restructuring: Options available in Luxembourg for international holding structures

It goes without saying that the past few years have been quite unique. The ongoing uncertainty across the financial markets has unavoidably led to a spectacular level of bankruptcy, insolvency and restructuring cases across most jurisdictio ...

Resource Article - abi_editor - 12/03/2010 - 11:47 - 0 comments - 1 attachment

Winding Up Solvent Funds Loss of Substratum

http://www.walkersglobal.com/files/Publication/0e0c980f-dac8-4628-ac84-fa06373c0974/Presentation/PublicationAttachment/f601e3a4-cd1c-43ef-bab3-fa6e35dfbac8/Winding%20Up%20Solvent%20Funds.pdf (North America, United States, Washington, D.C.) ...

Resource Article - abi_editor - 11/10/2010 - 17:04 - 0 comments - 0 attachments

Treatment of Prepayment Prohibitions in Bankruptcy Is Proving to be a Tough Call for Courts

Restrictions on a borrower’s ability to prepay secured debt obligations are a common feature of modern bond indentures and credit agreements. Lenders frequently employ “no-call” provisions to prevent borrowers from refinancing or retiring outstanding ...

Resource Article - abi_editor - 11/08/2010 - 15:10 - 0 comments - 0 attachments

Commercial Insolvency Reporter

I have been involved in hundreds of insolvency cases over the course of a career that has spanned more than 25 years. The apparent causes of the company’s difficulties could usually be distilled down to one or more problems drawn from a predictab ...

Resource Article - abi_editor - 11/04/2010 - 14:02 - 0 comments - 1 attachment

National Insolvency Review

Reproduced with permission of the publisher from National Insolvency Review, Vol. 27, No. 5, October 2010. (North America, United States, Washington, D.C.) bankruptcy,insolvency,headlines,articles,legislatives,debt,resources,insol,North America ...

Resource Article - abi_editor - 11/08/2010 - 15:29 - 0 comments - 1 attachment

IUE-CWA v Visteon Corp: a victory for retirees of distressed companies

Introduction The US Court of Appeals for the Third Circuit's recent opinion in In re Visteon Corp(1) is a significant victory for retirees whose rights could be impaired in a Chapter 11 case, and further signals the court's inclination towa ...

Resource Article - abi_editor - 11/02/2010 - 15:16 - 0 comments - 0 attachments

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