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Just “Released” by the Third Circuit: In re Millennium Lab Holdings II Key Takeaways

In a highly anticipated decision issued last Thursday (on December 19, 2019), the United States Court of Appeals for the Third Circuit held in In re Millennium Lab Holdings II, LLC that a bankruptcy court may constitutionally confirm a chapter 11 plan of reorganization that contains nonconsensual third-party releases. The court considered whether, pursuant to the United States Supreme Court’s decision in Stern v. Marshall, 564 U.S. 462 (2011), Article III of the United States Constitution prohibits a bankruptcy court from granting such releases.

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, United States bankruptcy court
Victorian Court of Appeal clarifies preference law

Before 1993, the question of whether a creditor of a corporation being wound up had received an unfair preference from that corporation was determined under section 122 of the Bankruptcy Act 1966 (Cth). In 1993, a new Part 5.7B was inserted into the Corporations Act to deal with voidable transactions such as unfair preferences. Since then two lines of divergent judicial authority have developed:

Australia, Victoria, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, Unsecured debt, Debt, Reinsurance, Liquidation, Liquidator (law), Subsidiary, MetLife, Corporations Act 2001 (Australia), Victoria Supreme Court, High Court of Australia
Insolvency reform: more equity for directors and less equity for shareholders?

Summary

In an exciting week for insolvency, the Minister for Financial Services, Superannuation and Corporate Law has released a package of reforms to Australia’s corporate insolvency laws. This reform package includes:

Australia, Insolvency & Restructuring, Norton Rose Fulbright, Shareholder, Unsecured debt, Class action, Debt, Duty of care, Moratorium, Business judgement rule, Corporations Act 2001 (Australia)