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Landlord wins as CVA term not a penalty

Following the liquidation of BHS Ltd, the High Court was asked to consider whether a landlord could claim full rent as an administration expense following termination of the CVA.

Background

Wright and another (Liquidators of SHB Realisations Ltd) v The Prudential Assurance Company Ltd concerned three principal insolvency processes applicable to companies under the Insolvency Act 1986:

United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Shoosmiths LLP, Liquidation
In re Trentadue

(7th Cir. Sept. 14, 2016)

USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Seventh Circuit
In re Mustafa

(Bankr. E.D. Ky. September 14, 2016)

USA, Banking, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
In re McWhorter

(Bankr. E.D. Ky. Sept. 14, 2016)

USA, Kentucky, Insolvency & Restructuring, Litigation, White Collar Crime, Stoll Keenon Ogden PLLC
In re Romano

(N.D. Ind. Sept. 14, 2016)

USA, Indiana, Employment & Labor, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC