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Supreme Court Holds That a Non-Debtor Retaining a Debtor’s Property Does Not Exercise Control Over the Property in Violation of the Automatic Stay

In January 2020, we analyzed a split among the Circuit Courts regarding whether a non-debtor holding a debtor’s property on the petition date has an affirmative obligation under section 362(a)(3) of the Bankruptcy Code to return that property to the debtor immediately following the filing of the bankruptcy petition.

USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Oakland v Wellswood (Yorkshire) Ltd: EAT decides "pre-pack" sales do not transfer employees under TUPE

The Employment Appeals Tribunal (EAT) has decided that the sale of a business by way of a pre-pack administration[1] did not result in a transfer of employees under the Transfer of Undertakings (Protection of Employment) Regulations 2006, (TUPE Regulations or TUPE).

TUPE Regulations

United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Fasken, Contractual term, Bankruptcy, Employment tribunal, Employment contract, Liability (financial accounting), Liquidation, Unfair dismissal, Subsidiary, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal