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    FASt action required by qualifying pension plans
    2016-08-08

    Earlier this year it was announced that the UK’s Financial Assistance Scheme (“FAS”) would close to applications from 1 September 2016.

    This does not affect pension plans that are currently progressing through the notification and qualification process or pension plans that have already qualified for assistance. However, any qualifying pension plans that have not yet started the process need to move quickly as they now have less than a month to make a notification to the FAS.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Brexit, Liquidation, Annual report, Pension Protection Fund, Court of Justice of the European Union, Court of Appeal of England & Wales
    Authors:
    Jane Briggs
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Eurotunnel succesfully reorganizes under French insolvency law
    2007-04-13

    In July 2006, after a long and unsuccessful attempt to reach an out-of-court restructuring of the indebtedness of the Eurotunnel group of companies, the managers of the Eurotunnel group requested the opening of main insolvency proceedings for all the companies in France.

    Filed under:
    France, Insolvency & Restructuring, White & Case, Legal personality, Surety, Debtor, Debt, Mediation, Annual report, Subsidiary, Parent company
    Location:
    France
    Firm:
    White & Case
    New California debt settlement bill would limit fees to no more than 15% of consumer savings
    2011-03-18

    A new bill introduced in California would prohibit debt settlement providers from charging any fees in excess of 15% of the amount of consumers’ savings as a result of any settlement.

    The Debt Settlement Consumer Act (Senate Bill 708) was introduced in February 2011 by State Senator Ellen Corbett (R-San Mateo), who headed the California Senate Judiciary Committee that stopped a proposed regulation (Assembly Bill 350) last year that had drawn support from the debt settlement industry. The bill is supported by the Center For Responsible Lending and the Consumers Union.

    Filed under:
    USA, California, Banking, Insolvency & Restructuring, Loeb & Loeb LLP, Consumer protection, Fraud, Witness, Good faith, Subpoena, Annual report, Pro rata, US Senate Committee on the Judiciary, US Code, Title 11 of the US Code
    Location:
    USA
    Firm:
    Loeb & Loeb LLP
    Company may not avoid shareholder approval of asset sale through bankruptcy
    2007-02-19

    Delaware companies take note: a state court has ruled that companies in apparent good financial health may not use the bankruptcy process to avoid shareholder approval of an asset sale—even in situations in which a shareholder vote may be difficult to obtain.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Reed Smith LLP, Federal preemption, Bankruptcy, Shareholder, Debtor, Injunction, Board of directors, Preliminary injunction, Voting, Annual report, Form 10-K, Preferred stock, Certificate of incorporation, US Securities and Exchange Commission, Title 11 of the US Code, US Constitution, Delaware General Corporation Law, Delaware Court of Chancery, Delaware Supreme Court, United States bankruptcy court
    Location:
    USA
    Firm:
    Reed Smith LLP
    Excess D&O policy rescinded based on fraudulent representations regarding solvency
    2007-08-13

    The United States District Court for the Southern District of Ohio, applying Ohio law, has held that an insurer could rescind an insurance policy based on an individual's fraudulent statements that the insured company was not facing bankruptcy. Unencumbered Assets Trust v. Great Am. Ins. Co., 2007 WL 2029063 (S.D. Ohio July 10, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Fraud, Indictment, Common law, Annual report, US Securities and Exchange Commission, United States bankruptcy court, US District Court for Southern District of Ohio
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Modifying Exchange Act reporting in bankruptcy ~ a primer
    2009-05-04

    In light of the continuing economic downturn, many issuers with periodic reporting obligations under the Securities Exchange Act of 1934 are or may be faced with the prospect of reorganizing or liquidating under the United States Bankruptcy Code. These issuers must file their Exchange Act reports under the strain of the bankruptcy process, which imposes practical difficulties in completing and timely filing the reports during a time when resources are limited. Can these reporting requirements be modified so that issuers can more readily satisfy them?

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Foley & Lardner LLP, Public company, Bankruptcy, Security (finance), Liquidation, Balance sheet, Annual report, Form 10-K, Form 10-Q, Form 8-K, Tender offer, US Securities and Exchange Commission, Securities Exchange Act 1934 (USA), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    FASt action required by qualifying pension plans
    2016-08-08

    Earlier this year it was announced that the UK’s Financial Assistance Scheme (“FAS”) would close to applications from 1 September 2016.

    This does not affect pension plans that are currently progressing through the notification and qualification process or pension plans that have already qualified for assistance. However, any qualifying pension plans that have not yet started the process need to move quickly as they now have less than a month to make a notification to the FAS.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Brexit, Liquidation, Annual report, Pension Protection Fund, Court of Justice of the European Union, Court of Appeal of England & Wales
    Authors:
    Jane Briggs
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Excess D&O policy rescinded based on fraudulent representations regarding solvency
    2007-08-13

    The United States District Court for the Southern District of Ohio, applying Ohio law, has held that an insurer could rescind an insurance policy based on an individual's fraudulent statements that the insured company was not facing bankruptcy. Unencumbered Assets Trust v. Great Am. Ins. Co., 2007 WL 2029063 (S.D. Ohio July 10, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Fraud, Indictment, Common law, Annual report, US Securities and Exchange Commission, United States bankruptcy court, US District Court for Southern District of Ohio
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Eurotunnel succesfully reorganizes under French insolvency law
    2007-04-13

    In July 2006, after a long and unsuccessful attempt to reach an out-of-court restructuring of the indebtedness of the Eurotunnel group of companies, the managers of the Eurotunnel group requested the opening of main insolvency proceedings for all the companies in France.

    Filed under:
    France, Insolvency & Restructuring, White & Case LLP, Legal personality, Surety, Debtor, Debt, Mediation, Annual report, Subsidiary, Parent company
    Location:
    France
    Firm:
    White & Case LLP
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