Fulltext Search
Aggressive and tactical enforcement denied: O’Flynn Group v Carbon Finance Limited & others

On 13 August 2014, the Irish High Court gave a judgment which addresses significant issues in examinerships and provides some clarity regarding loan acquisitions and the timing and other considerations for creditors when issuing letters of demand.

Background

Ireland, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, High Court (Ireland)
High Court considers retention of title claim

Insolvency practitioners are routinely asked to adjudicate on claims to retention of title of goods supplied. This task often involves an analysis of whether the goods in question have become fixed to land, irreversibly mixed with other goods or whether they remain as identifiable items.

In the recent case of Re Moormac Developments Limited (in receivership)[1], the High Court gave further clarity to this area of the law.

Ireland, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Title retention clause
Appointing a receiver by way of equitable execution: trickier than you might think

Waterside Management Company Limited v Brendan Kelly and Asta Kelly[1]

Ireland, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Debtor, Debt, Capital punishment
Waterford Crystal judgment: European Court of Justice finds that the Irish state has failed to protect employees’ pensions

In a long awaited landmark judgment, The European Court of Justice has today found in favour of ten former Waterford Crystal workers who alleged the Irish State had failed in their obligations to correctly implement European Directive 2008/94EC ('The Directive’) on the protection of employees in the event of the insolvency of their employer.

European Union, Ireland, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Defined benefit pension plan, Court of Justice of the European Union
Launch of ISI public information campaign

Yesterday the Minister for Justice, Alan Shatter, and Director of the Insolvency Service of Ireland (“ISI”), Lorcan O’Connor, launched the ISI’s public information campaign, which includes guides to the three new personal insolvency arrangements, its website and an information helpline for queries.

Ireland, Insolvency & Restructuring, Mason Hayes & Curran LLP, Debtor
U.S. Bankruptcy Court judge sets parameters for recusal in bankruptcy action

In preparing a statement supporting the determination that recusal from a bankruptcy proceeding was unnecessary, U.S. Bankruptcy Court Judge Richard E. Fehling quoted Master Sergeant Georg Hans Shultz from the television sitcom Hogan’s Heroes: “I KNOW NOTHING!  NOTHING!”

USA, Pennsylvania, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy
The intersection between criminal law and bankruptcy law: can filing for bankruptcy affect a criminal defendant's sentence?

Criminal defendants facing onerous restitution obligations as part of their sentence might contemplate a bankruptcy filing, in the hope of staving off the restitution obligation. In a case of first impression, the Second Circuit recently considered whether the Bankruptcy Code’s automatic stay provision halts a defendant’s obligation to pay restitution and firmly closed the door on that potential gambit.

USA, New York, Insolvency & Restructuring, Litigation, White Collar Crime, Fox Rothschild LLP, Bankruptcy, Second Circuit
School specialty, Inc., files bankruptcy in Delaware seeking to sell substantially all of its assets

Introduction

USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debtor
Furniture retailer, Carl's Patio, files for bankruptcy in Delaware

Introduction

USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Retail
Free requests for standard compensation by debtor’s counsel in 13 cases

Presumed Reasonable Absent Certain Circumstances 

USA, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Fifth Circuit