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    Withdrawal liability payments are not deferred pending arbitration when accelerated due to insolvency
    2010-09-17

    CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND v. O'NEILL BROS. TRANSFER & STORAGE (August 31, 2010)

    Filed under:
    USA, Arbitration & ADR, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Employee Retirement Income Security Act 1974 (USA), Liability (financial accounting), Liquidation, Default (finance), Promulgation, Pension Benefit Guaranty Corporation
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Major projects & construction: 5 Minute Fix 23
    2018-11-08

    Get your 5 Minute Fix of major projects and construction news. This issue: discover the latest cladding developments; resources construction work now caught by WA training levy; mind the gap: public transport at the urban fringe; avoid slip-ups in your payment schedule; and the availability of insolvency processes under the Corporations Act 2001 for recovering SOP debts.

    Cladding update ‒ NSW

    Filed under:
    Australia, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Clayton Utz, Liquidated damages, Corporations Act 2001 (Australia)
    Authors:
    Sergio Capelli , Frank Bannon , Dale Brackin , Stuart Cosgriff , Philip Dawson , Lina Fischer , Andrew Fry , Naomi Kelly , Steven Klimt , David Lester , Clive Luck , Alan Maguire , Jonathan McTigue , Frazer Moss , Steven Murray , Steve O'Reilly , Joanna Pugsley , John Shirbin , Chris Slocombe
    Location:
    Australia
    Firm:
    Clayton Utz
    Victoria's new Farm Debt Mediation Scheme - how does it work?
    2012-10-25

    Key Points:

    There are various issues of which a secured creditor must be aware in seeking to either comply with its obligations or take steps to enforce a mortgage under the Act.

    Victoria's new Farm Debt Mediation Act 2011 (Vic) commenced operation on 1 December 2011 and is largely modelled on the equivalent New South Wales legislation, the Farm Debt Mediation Act 1994 (NSW).

    Filed under:
    Australia, Arbitration & ADR, Banking, Insolvency & Restructuring, Real Estate, Clayton Utz, Debtor, Debt, Mortgage loan, Mediation
    Authors:
    Paul James
    Location:
    Australia
    Firm:
    Clayton Utz
    Automatic Stay Must Give Way: Bankruptcy Court Lets Non-Core Claims Be Decided Through Arbitration
    2021-07-12

    In a recent opinion, the Bankruptcy Court for the District of Maryland dealt with a conflict between the strong presumption in favor of enforcing arbitration agreements and the Bankruptcy Code’s emphasis on centralization of claims. Based on an analysis of the two statutory schemes and their underlying policies and concerns, the Court decided to lift the automatic stay to allow the prepetition arbitration proceeding to go forward with respect to non-core claims.

    Background

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Dechert LLP, Fair Debt Collection Practices Act 1977 (USA), European Securities and Markets Authority, SCOTUS
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    5th Cir. Reverses Denial of Motion to Compel Arbitration in TILA Case
    2020-01-16

    The U.S. Court of Appeals for the Fifth Circuit recently reversed the denial of a lender’s motion to compel arbitration in an adversary bankruptcy proceeding for allegedly violating the federal Truth in Lending Act (TILA), holding that — despite conflicting clauses in two different relevant agreements — the parties had entered into a valid arbitration agreement that delegated the threshold issue of arbitrability to the arbitrator.

    Filed under:
    USA, Mississippi, Arbitration & ADR, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Truth in Lending Act 1968 (USA), Fifth Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    5th Cir. Holds Bankruptcy Discharge Violations Not Always Subject to Arbitration
    2019-10-29

    The U.S. Court of Appeals for the Fifth Circuit recently affirmed a bankruptcy court order denying a bank’s motion to compel arbitration, holding that when a debtor seeks to enforce a discharge injunction, a bankruptcy court may decline to compel arbitration because it implicates a bankruptcy court’s ability to enforce its own orders.

    A copy of the opinion in Henry v. Educational Financial Service is available at: Link to Opinion.

    Filed under:
    USA, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Debtor, Student loan
    Authors:
    Ernest Wagner
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    NJ Supreme Court Enforces Modification Settlement Made Through Residential Mortgage Foreclosure Mediation Program
    2017-10-03

    The Supreme Court of New Jersey reversed the decision of the Appellate Court, and held that a settlement that a borrower and a lender reached during mediation pursuant to the Residential Mortgage Foreclosure Mediation Program was enforceable because the borrower fulfilled all contingent terms making the agreement permanent. 

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, New Jersey, Arbitration & ADR, Banking, Insolvency & Restructuring, Litigation, Real Estate, Maurice Wutscher LLP, Mortgage loan, New Jersey Supreme Court
    Authors:
    Ernest Wagner
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Withholding payment: the legal implications of pushing contractors into insolvency
    2018-08-22

    A recent TCC decision highlights the dangers of withholding payment against contractors with a view to pushing them into insolvency. The court allowed the recovery of insolvency professional fees as well as a substantial sum reflecting a reduced settlement reached with a third party on a separate project. The court’s decision has ramifications for any party seeking to withhold large payments under a construction contract against a party who is likely to suffer serious cash-flow pressure as a result.

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Technology and Construction Court
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Annual Review of English Construction Law Developments - An international perspective
    2017-06-08

    Annual Review of English Construction Law Developments May 2017 An international perspective CMS_LawTax_CMYK_28-100.eps Contents 3 Introduction 5 The interpretation of exclusion and limitation clauses: clarity restored 9 Good faith in the exercise of termination rights 13 Concurrent delay: recent developments and continued uncertainty 19 Contractual warranties and representations: telling the difference 23 On demand securities: the fraud exception in cases of legal uncertainty 31 On-demand securities: compliance with formalities and the doctrine of strict performance 37 Indirect and consequ

    Filed under:
    United Kingdom, Scotland, Arbitration & ADR, Construction, Energy & Natural Resources, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Court of Appeal of England & Wales, UK Supreme Court, Technology and Construction Court, Commercial Court (England and Wales)
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Disputes Digest - April 2017
    2017-04-18

    Issue 6 | April 2017 Disputes Digest 2 | Disputes Digest Corporate counsel’s guide to the key cases of 2016 (litigation) Corporate counsel’s guide to the key cases of 2016 (arbitration) Singapore targets effi ciency in investment arbitration proceedings Does the MasterCard class action mark the dawn of a new era in UK litigation?

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, Arbitration & ADR, Banking, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Trade & Customs, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, HM Revenue and Customs (UK), Court of Appeal of England & Wales
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP

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