In a previous Legal Insight, we foreshadowed potential guidance from the ASX on the interaction between the new insolvent trading safe harbour laws and the continuous disclosure obligations of a public company.
The New South Wales Supreme Court of Appeal's decision in Sanderson as Liquidator of Sakr Nominees [1] has given cause for optimism amongst insolvency practitioners. The decision confirms that the correct approach was taken by the Court inIdylic Solutions [2], bucking a trend in recent years of limiting or reducing practitioner remuneration by reference to a proportion of the funds recovered.
In a recent opinion, the U.S. Bankruptcy Court for the District of Oregon reminds all finance lawyers (and participants trying to document a finance transaction without legal assistance) that recording an “assignment” of a deed of trust is not always sufficient to perfect an interest in the real property.
An Australian Tale
2017 is shaping up to be a challenging year for insolvency practitioners in Australia, from the Insolvency Law Reform Act 2016 (Cth) (ILRA), which comes with a raft of reforms to practitioner remuneration and creditors' powers, to the new ASIC 'user pay' funding model which could potentially impact negatively on insolvency practitioners and the Fair Entitlements Guarantee (FEG) Recovery Program's pursuit of claims against insolvency practitioners.
In Dore v. Sweports, Ltd., C.A. No. 10513-VCL (Del. Ch. January 31, 2017), plaintiffs John A. Dore, Michael J. O’Rourke, and Michael C. Moody (together, “Plaintiffs”) sought indemnification under the Delaware General Corporation Law (“DGCL”) and corporate bylaws, for expenses incurred in connection with three legal proceedings that occurred in Illinois, as well as those incurred enforcing their indemnification rights in Delaware.
Background
A federal district court recently rejected the Pension Benefit Guaranty Corporation’s attempt to hold a buyer of assets liable for the seller’s unfunded defined benefit plan liabilities under a successor liability theory.[1] While the court decided the issue in favor of the buyer, it is a cautionary tale for buyers as it appears to be the first time the PBGC has argued for the application of successor liability in this context and is a depar
January 2017
Practice Group: Banking & Asset Finance
New UAE Insolvency Law
By Simon Mabin
Executive Summary
The new bankruptcy law was published in the Official Gazette dated 29 September 2016 following the issuance of Federal Decree Law No.9 of 2016 on Bankruptcy (the "Bankruptcy Law"). The Bankruptcy Law is expected to become effective in December 2016 / early 2017.
Section 316(b) of the Trust Indenture Act of 1939 (“TIA”) provides that, subject to certain exceptions, the right of a holder of an indenture security to receive principal and interest payments, or to institute suit to enforce such payments after they become due, shall not be impaired or affected without such holder’s consent. Market participants had long viewed Section 316(b) of the TIA as a “boilerplate” provision, contained or incorporated by reference in most high yield indentures, that protected only a bondholder’s right to bring suit to enforce payment obligations.
Introduction
After months of drama prompted by the intertwined destinies of a constitutional referendum and the recapitalization of Monte dei Paschi di Siena (“MPS”), Italy’s third largest bank, and following the resignation of the Renzi government, the first important measure approved by the new Italian cabinet was an emergency decree aimed at safeguarding the Italian banking sector.
January 2017
Practice Group: Restructuring & Insolvency
Banking & Asset Finance
Modernised UK Insolvency Rules Arriving April 2017
By Jonathan Lawrence
The updated UK Insolvency Rules 2016 will come into force on 6 April 2017. The new rules have four aims:
o to reflect modern business practice and increase efficiency; o to restructure and modernise the 1986 Rules; o to implement policy changes; and o to consolidate the 1986 Rules and subsequent amendments.