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    In re Tousa (Bankr. S. D. Florida, Oct. 13, 2009)
    2010-03-10

    The South Florida Bankruptcy Court in the Tousa case ordered various creditors that had benefitted from a fraudulent conveyance to disgorge $421,000,000 to the jointly-administered Tousa bankruptcy estates. The court also ordered the avoidance of liens on the assets of various Tousa subsidiary entities who were also debtors in the bankruptcy proceedings. This case may raise increased focus upon the legal theory of fraudulent conveyance, which was the rationale used by the bankruptcy court to order the money returned.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Seyfarth Shaw LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Debt, Liability (financial accounting), Balance sheet, Refinancing, Conveyancing, Subsidiary, Parent company, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Seyfarth Shaw LLP
    Lehman Brothers examiner publishes report
    2010-03-12

    Yesterday, the ninevolumeReport of Anton R.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Audit, Accounting, Depository institution, Balance sheet, Business judgement rule, Leverage (finance), US Congress, Federal Reserve (USA), Lehman Brothers, United States bankruptcy court
    Authors:
    Dwight Smith
    Location:
    USA
    Firm:
    Alston & Bird LLP
    More clarity on redemption rights for distressed funds
    2016-08-11

    When Cayman Islands funds undergo liquidity stress on their balance sheet due to holding illiquid assets or irregular large redemption requests, directors of Cayman Islands funds generally consider mechanics to provide for an orderly restructure to meet redemption requests which arise. Common arrangements are to implement a “redemption gate” which limits redemptions to a certain percentage of shares in the fund or a stronger response such as a suspension of all redemptions.

    Filed under:
    Cayman Islands, Insolvency & Restructuring, Private Client & Offshore Services, Shareholder, Market liquidity, Liquidation, Balance sheet, Court of Appeal of England & Wales
    Location:
    Cayman Islands
    IMO Car Wash: a washout for junior creditors?
    2009-08-26

    The English High Court has recently delivered judgment in the IMO Car Wash case (In the matter of Bluebrook Ltd and others [2009] EWHC 2114 (Ch)), in which the High Court considered whether to sanction three related schemes of arrangement for restructuring indebtedness proposed by the IMO Car Wash group to the senior lenders of the relevant group companies.  

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Public company, Board of directors, Interest, Debt, Economy, Balance sheet, Cashflow, Default (finance), Valuation (finance), Discounted cash flow, Secured loan, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Any Port in a Storm - the Safe Harbor of Section 546(e)
    2016-04-28

    A bankruptcy court wrote that filing for bankruptcy is “powerful magic.”  By finding federal preemption of state law fraudulent transfer claims, the Second Circuit Court of Appeals’ decision in the long-running Tribune case showed just how powerful this magic can be.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Squire Patton Boggs, Federal preemption, Bankruptcy, Balance sheet, Leveraged buyout, Tender offer, United States bankruptcy court
    Authors:
    Kate Thomas
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Second Circuit disapproves "gifting" plan and designates strategic investor’s vote as lacking good faith
    2011-02-10

    On February 7, 2011, the Court of Appeals for the Second Circuit issued a highly significant opinion in two consolidated appeals from the order of the United States District Court for the Southern District of New York affirming the bankruptcy court’s confirmation of a chapter 11 plan of reorganization for DBSD North America and its subsidiaries (DBSD).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Shareholder, Debtor, Unsecured debt, Debt, Good faith, Dissenting opinion, Balance sheet, Unsecured creditor, Leverage (finance), Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs
    When an Asset is not an Asset
    2016-07-19

    The Court of Appeal has recently considered the status of contingent assets within the balance sheet test for insolvency in the context of a company’s inability to pay its debts. Under Section 123 Insolvency Act 1986, a company is deemed unable to pay its debts if its assets are less than its liabilities including contingent liabilities but nothing is said about the status of contingent assets.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Shareholder, Dividends, Beneficiary, Debt, Liability (financial accounting), Balance sheet, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Susan Kelly
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Eurosail Supreme Court judgment: delineating the boundaries of insolvency "to be solvent or not to be solvent, that is the question"
    2013-07-31

    Odd as it may seem, you have to plough through 122 sections of the UK Insolvency Act 1986 (the “Act”) before you finally reach the section that sets out the criteria for establishing insolvency. Section 123 of the Act lists a series of circumstances under which a company may be deemed insolvent. Some of these circumstances are factual—for example, owing a debt of more than £750 for more than 21 days after a demand for payment—but two rely on a legal test of company insolvency.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, Debt, Liability (financial accounting), Balance sheet, Insolvency Act 1986 (UK), Lehman Brothers, UK Supreme Court
    Authors:
    Mark G. Douglas
    Location:
    United Kingdom
    Firm:
    Jones Day
    European perspective in brief
    2013-06-01

    Europe has struggled mightily during the last several years to triage a long series of critical blows to the economies of the 27 countries that comprise the European Union, as well as the

    collective viability of eurozone economies. Here we provide a snapshot of some recent developments relating to insolvency and restructuring in the EU.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, Liquidation, Balance sheet, Insolvency Act 1986 (UK), UK Supreme Court, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    European Union, United Kingdom
    Firm:
    Jones Day
    Delaware bankruptcy court confirms the validity of plan support agreements
    2013-05-31

    Chapter 11 debtors and sophisticated creditor and/or shareholder constituencies are increasingly using postpetition plan support agreements (sometimes referred to as “lockup” agreements) to set forth prenegotiated terms of a chapter 11 plan prior to the filing of a disclosure statement and a plan with the bankruptcy court. Under such lockup agreements, if the debtor ultimately proposes a chapter 11 plan that includes prenegotiated terms, signatories are typically obligated to vote in favor of the plan.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Shareholder, Debtor, Balance sheet, Title 11 of the US Code, United States bankruptcy court
    Authors:
    George R. Howard , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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