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Australia: Big trouble in small business restructuring

In brief

Australia, Capital Markets, Insolvency & Restructuring, Baker McKenzie
Australia: New Small Business Insolvency Reforms - How Statutory Demands will change from 1 January 2021

 

In brief

The new small business insolvency reforms enacted by the Corporations Amendment (Corporate Insolvency Reforms) Act 2020 (Cth) (Corporations Amendment Act) - which inserts a new Part 5.3B into the Corporations Act 2001 (Cth) (Corporations Act) - are due to come into effect on 1 January 2021.

Australia, Capital Markets, Insolvency & Restructuring, Baker McKenzie, Coronavirus
Losing Your Marbles: A Sensible Interpretation of Section 316 of the Trust Indenture Act

The U.S. Court of Appeals for the Second Circuit issued its ruling in Marblegate Asset Management, LLC v. Education Management Corp. that provided much needed clarity to creditors and issuers involved in out-of-court restructurings affecting noteholders. The issue for the court was whether Education Management Corp. (“EDMC”) violated the Trust Indenture Act (the “TIA”) when it implemented a restructuring that impaired the rights of one of its unsecured noteholders, Marblegate Asset Management, LLC (the “Noteholder”).

USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Unsecured debt, Asset management, Secured loan, Second Circuit