Summer 2024 Editor: Melanie Willems IN THIS ISSUE “Seething on a jet plane” - conditions precedent and time of the essence in commercial contracts by Jack Spence 03 09 11 24 Diamonds aren’t forever: who is vicariously responsible when they have been stolen?

On May 16th, the DOL released interim final rules (the “Final Rules”) and an amendment to Prohibited Transaction Exemption 2006-06 (the “Amendment to PTE”), effective July 16, 2024, amending the DOL’s Abandoned Plan Program (the “APP”) to allow Chapter 7 bankruptcy trustees to use the APP to terminate, wind up, and distribute assets from a bankrupt company’s retirement plan.

The Aldrich Pump Texas Two-Step bankruptcy may have survived dismissal at the bankruptcy court level, but now the asbestos claimants have appealed to the Fourth Circuit following Judge Whitley's approval of their motion for direct appeal.1

The Fifth Circuit recently issued an opinion that increases the marketability of estate assets often viewed as untouchable. In In re S. Coast Supply Co. ("South Coast"), 91 F.4th 376 (5th Cir. 2024), the Fifth Circuit held that a bankruptcy "preference" action may be sold to a third party under section 363 of the Bankruptcy Code even if the buyer is not an estate fiduciary and does not represent the bankruptcy estate. A preference action is an "avoidance" claim arising under section 547 of the Bankruptcy Code.

The Bankruptcy and Diligence (Scotland) Bill proposes to introduce measures designed to help those in financial difficulty and suffering with mental health problems to get some much needed "breathing space".

Two recent court decisions may indicate more uncertainty with respect to the enforceability of “make-whole” premiums in bankruptcy. Make-whole or prepayment premiums are common within loan agreements, bond issuances and other debt instruments.

We explore the utility of restructuring plans for small to mid-sized companies in 2023 as Government pandemic support tails away whilst inflation and energy prices continue to soar.

With HMRC more focused than ever before on recovering taxes due, we look at the most common ways in which HMRC can transfer the liability of taxes due and/or penalties to Company Officers and making them personally liable.

The Government has promised to spend an additional £79 million over the next five years to help HMRC tackle tax fraud and address compliance risks amongst wealthy taxpayers. HMRC's efforts will be a threat to businesses affected in terms of costs and expenditure in time in dealing with HRMC.

There will be no further deferral of the entry into force of Legislative Decree No. 14 of 12 January 2019 (the new Italian Bankruptcy Law, also known as Code of the Business Crisis and Insolvency, "CCII"), which will fully replace the current Italian Bankruptcy Law.

There will be no further deferral of the entry into force of Legislative Decree No. 14 of 12 January 2019 (the new Italian Bankruptcy Law, also known as Code of the Business Crisis and Insolvency, "CCII"), which will fully replace the current Italian Bankruptcy Law.

As the pandemic continues to create uncertainty we look at what this means for the retail and consumer landscape. We consider the options and the warning signs.