Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Arbitration Not Waived in Lawsuit Pending for Two Years
    2018-11-20

    Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week. Arbitration wasn’t waived because the defendants hadn’t filed affirmative defenses or counterclaims and had taken no discovery. Trevino v. Select Portfolio Servicing, Inc. (In re Jose Sr. Trevino), Adv. Pro. No. 16-7024, 2018 Bankr. LEXIS 3605 (Bankr. S.D. Tex. Nov. 14, 2018).

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP, Injunction, Breach of contract, Arbitration clause, Waiver, Abuse of process, Testimony, Motion to compel, Prejudice, Federal Arbitration Act 1926 (USA), United States bankruptcy court
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Collateral purpose in winding-up petitions
    2015-07-16

    ASTRA RESOURCES PLC V CREDIT VERITAS USA LLC [2015] EWHC 1830 (CH)

    It is trite law that the court will grant an injunction restraining the advertisement of a winding-up petition where the petition amounts to an abuse of process.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, Abuse of process, Liquidation
    Authors:
    Simon Ridpath
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    High Court holds that HMRC’s winding up petition should be dismissed as an abuse of process
    2014-04-03

    The High Court (David Donaldson QC) has held in Enta Technologies Limited v HMRC [2014] EWHC 548 (Ch), that where a winding-up petition was brought by HMRC based on the non-payment of tax raised in assessments and the taxpayer's appeal against those assessments was pending, the winding-up court should refuse to adjudicate on the merits of the appeal and should leave that question to be dealt with by the First-tier Tribunal (Tax Chamber) ('FTT').

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, RPC, Value added tax, Abuse of process, Liquidation, HM Revenue and Customs (UK), High Court of Justice (England & Wales)
    Authors:
    Nicholas Fernyhough
    Location:
    United Kingdom
    Firm:
    RPC
    Winding petitions not appropriate for tax assessments subject to appeal
    2014-04-04

    Key point

    A winding up petition founded on a tax assessment, which is the subject of an appeal to the Tax Tribunal, should be dismissed or stayed pending the appeal.

    The facts

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Abuse of process
    Authors:
    David Johnson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Dispute Resolution Update: Ward (acting as liquidator of Brady Property Developments Ltd) v Hutt and others [2018] EWHC 77 (Ch)
    2018-02-09

     Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Rosling King LLP, Abuse of process, Dispute resolution, Liquidator (law), High Court of Justice (England & Wales)
    Authors:
    Georgina Squire
    Location:
    United Kingdom
    Firm:
    Rosling King LLP
    A company must have a settled intention to appoint an administrator when filing a NOI
    2017-06-01

    A Court of Appeal judgment held that a company must have a settled intention to appoint an administrator when filing a notice of intent (NOI) under paragraph 26 of Schedule B1 to the Insolvency Act 1986 (“Schedule B1”) . The court also confirmed that an NOI cannot be filed in the absence of a qualifying floating charge holder (QFCH) on which to serve the notice.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Burges Salmon LLP, Commercial property, Abuse of process, Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Andrew Eaton
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Finance litigation briefing October 2016: report and review on the latest cases and issues
    2016-10-31

    Gowling WLG's finance litigation experts bring you the latest on the cases and issues affecting the lending industry.

    Uncrystallised pension pot remains protected following bankruptcy

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Gowling WLG, Bankruptcy, Fraud, Abuse of process, Solicitor, Res judicata and issue estoppel, Debt, Legal burden of proof, Witness, Initial public offerings, Insolvency Act 1986 (UK), Pensions Act 1995 (UK), Trustee, Court of Appeal of England & Wales
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    State law conspiracy and tortious interference claims were properly removed because they "arose in" bankruptcy
    2010-04-28

    IN RE: REPOSITORY TECHNOLOGIES, INC

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Federal preemption, Bankruptcy, Abuse of process, Tortious interference, Vacated judgment, Remand (court procedure), Involuntary dismissal, Bad faith, Prejudice, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The Sixth Circuit holds that bankruptcy courts lack the inherent power to award “serious non-compensatory punitive damages”
    2013-12-27

    Nearly 30 years after enactment of the Bankruptcy Amendments and Federal Judgeship Act of 1984 and establishment of the current bankruptcy court structure, courts are still struggling to understand the bounds of a bankruptcy court’s jurisdiction and power. Unfortunately for one recent appellant, a bankruptcy court’s power to enter punitive damages is not as great as it had hoped.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Punitive damages, Bankruptcy, Abuse of process, United States bankruptcy court, Sixth Circuit
    Authors:
    Andrew S. Nicoll
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP
    Irvin v. Faller (In re Faller)
    2016-03-18

    Irvin v. Faller (In re Faller)

    (Bankr. W.D. Ky. Mar. 17, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Abuse of process, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Current page 3
    • Page 4
    • Page 5
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days