The Court of Appeals of Wisconsin, applying Wisconsin law, has held that a policyholder's bankruptcy did not relieve an insurer of its obligations to pay for "loss" under a policy endorsement that included a bankruptcy provision.Hollingsworth v. Landing Condos. of Waukesha Ass'n, Inc., 2014 WL 839244 (Wis. Ct. App. Mar. 5, 2014).

The Court of Appeals for the Sixth Circuit held that no exception exists to Tennessee’s general prohibition on direct actions against an insurer, even in cases where the insured has declared bankruptcy triggering an automatic stay before a judgment in the underlying action.  Mauriello v. Great American E&S Insurance Co., 2014 WL 321921 (6th Cir. Jan. 30, 2014).  In so holding, the Sixth Circuit reasoned that an adequate remedy remains notwithstanding the automatic stay for a claimant to obtain a judgment against a bankrupt insured.

The Court of Appeal decided yesterday that it couldn’t make a ruling on the correct way to calculate the collective redundancies threshold without making a reference to the European Court of Justice. Employers will therefore have to wait a considerable while longer before the law is clarified.

Not many people shed a tear for the players when a football club goes into administration. Instead the press always quote how much money the St John’s Ambulance Service loses. The realities are in any football insolvency the creditors (including the players) lose out and the players involved are usually at the lower level clubs. 

Not many people shed a tear for the players when a club goes into administration. But the realities are that the creditors lose out and that the players involved in the majority of cases are at the lower level clubs. Out of the 60+ club insolvencies we have been involved in, only one was in the Premier League.

Footballers’ salaries differ wildly. The PFA published a league table in The Mail on Sunday recently stating average weekly earnings for players were as follows:

The changes

Since 29 December 1986, the Insolvency Act 1986, as amended by 23 subsequent statutory instruments, has governed the way in which insolvency practitioners, lawyers, creditors, debtors and others dealing with insolvency issues, have addressed procedures such as bankruptcy, administration, liquidation and voluntary liquidation.

In Crystal Palace FC v Kavanagh the Court of Appeal has decided that liability for staff dismissed by the administrator before the sale of the club did not pass to the buyer under TUPE.

When a franchisee files for bankruptcy, a franchisor naturally has concerns over how the process will affect the parties’ relationship. Of particular concern is the possibility that the franchisor will be forced into a relationship with an unacceptable successor as a result of a bankruptcy judge’s decision to authorize assumption and assignment of the franchise agreement over the franchisor’s objection.

Several blogs ago, I asked whether a party could still argue that the Notified Sum (as defined in the Housing Grants Construction Regeneration Act 1996, as amended by the Local Democracy, Economic Development and Construction Act 2009 - the Act) was not payable even in the absence of a Pay Less Notice.  To continue the theme of Pay Less Notices and their absence, what about the interplay between construction law and insolvency law - in the absence of a Pay Less Notice, and faced with a petition to the court to wind them up, could a party defend itself by saying that the so-called 'debt