On 1 August 2022, the English High Court granted the administrators of Petropavlovsk PLC (the “Company”) permission to enter into a sale of its Russian assets to Russian entity UMMC-Invest (the “Proposed Sale”) amidst sanctions concerns.
Russia, United Kingdom, Insolvency & Restructuring, Litigation, Trade & Customs, White Collar Crime, Morrison & Foerster LLP, Sanctions, Insolvency, Office of Financial Sanctions Implementation (UK)
On August 9, 2011, the United States Court of Appeals for the Fifth Circuit held that a non-insider's debt claim can be recharacterized as equity in Grossman v. Lothian Oil Inc. (In re Lothian Oil, Inc.).2 The Fifth Circuit, in reversing the district court, held that: (i) there is no per se rule limiting to insiders the recharacterization of debt claims as equity and (ii) non-insider debt claims may be recharacterized as equity under section 502(b) of the Bankruptcy Code.
USA, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Royalty payment, Bankruptcy, Conflict of laws, Debtor, Interest, Debt, Legal burden of proof, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit