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    'Cram ups' of below market secured debt: a transformative restructuring strategy?
    2011-03-28

    © 2011 Bloomberg Finance L.P. All rights reserved. Originally published by Bloomberg Finance L.P. in the Vol. 5, No. 13 edition of the Bloomberg Law Reports—Bankruptcy Law. Reprinted with permission. Bloomberg Law Reports® is a registered trademark and service mark of Bloomberg Finance L.P.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bond market, Bankruptcy, Debtor, Interest, Debt, Holding company, Balance sheet, Default (finance), Leverage (finance), Secured loan, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Troutman Pepper
    Winding-up your corporate debtor
    2009-02-18

    The threat of insolvency proceedings against a corporate debtor can greatly assist a creditor's primary objective of getting paid, preferably in advance of everyone else. This is particularly so where the debtor is prevaricating but there is no genuine dispute that the sum in question is due and owing. Although the courts decry the use of the winding-up procedure as a means of debt collection, it is often a very effective tool.

    Consider the following when faced with a corporate debtor who is refusing, without genuine reason, to settle its debts:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Gowling WLG, Costs in English law, Debtor, Injunction, Advertising, Debt, Liability (financial accounting), Liquidation, Balance sheet, Debt collection, Secured creditor, Liquidator (law), Insolvency Act 1986 (UK)
    Authors:
    Clark Sargent
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    As easy as '123' - drafting insolvency events post Eurosail
    2013-05-23

    The recent decision in BNY Corporate Trustee Services Limited v Eurosail - UK 2007 - 3BL PLC (Eurosail) has provided helpful guidance on the interpretation of the insolvency tests set out in section 123 of the Insolvency Act 1986. This guidance is not only relevant to companies with financial problems. The common practice of drafting contractual events of default by reference to section 123 means that it has significance to anyone who is creating or is party to contracts (whether finance documents or other commercial contracts) containing this type of provision.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Debt, Liability (financial accounting), Balance sheet, Insolvency Act 1986 (UK)
    Authors:
    Julian C. Pallett
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    New Delaware Chapter 11 Filing - Prescription Advisory Systems & Technology, Inc.
    2018-11-14

    Prescription Advisory Systems & Technology, Inc. (“PAST”), a medical technology and software company, has filed a petition for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-12601).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Cole Schotz PC, Balance sheet, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    UK Supreme Court issues authoritative decision on 'balance sheet insolvency test'
    2013-05-09

    The UK Supreme Court today delivered an important decision on the meaning of the so-called 'balance sheet insolvency test' in s.123(2) of the Insolvency Act 1986 (UK) (BNY Corporate Trustee Services Limited v Eurosail 2007-3BL PLC [2013] UKSC 28 ("Eurosail")).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Debt, Liability (financial accounting), Balance sheet, Insolvency Act 1986 (UK), UK Supreme Court
    Authors:
    Sonya Van de Graaff , Peter J.M. Declercq , David J. Karp , Adam C. Harris
    Location:
    United Kingdom
    Firm:
    Schulte Roth & Zabel LLP
    Contested plan valuation dispute: Chemtura decision highlights valuation issues
    2010-11-16

    The current cycle of Chapter 11 corporate bankruptcies involves many cases where the debtor seeks to achieve a balance-sheet restructuring by converting debt into equity. When consensus cannot be achieved, junior stakeholders (i.e., second lien creditors, unsecured creditors and/or equity) will often contest plan confirmation on the grounds that the proposed plan provides more than 100% recovery to the senior creditors. Valuation plays the central role in these cases.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, Debt, Balance sheet, EBITDA, Valuation (finance), Discounted cash flow, US District Court for SDNY
    Authors:
    David M. Hillman
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    The risks associated with financial counterparties
    2008-03-19

    As a result of the recent turmoil in the financial markets, a number of clients have asked us questions about counterparty risk. The following is a summary of some of the key issues in dealing with financial counterparties. The U.S. Bankruptcy Code (“Bankruptcy Code”) and the Securities Investor Protection Act of 1970, 15 U.S.C. §§ 78aaa et seq. (“SIPA”) each seek to protect “customer property” in the event of the failure, insolvency or liquidation of a broker-dealer.1 Neither affords customers the certainty of a 100% recovery, however.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Security (finance), Swap (finance), Credit risk, Liquidation, Balance sheet, Broker-dealer, Title 11 of the US Code, Securities Investor Protection Corporation
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Wolverine Tube files bankruptcy, hoping to confirm prearranged plan
    2010-11-20

    On October 31, 2010, Wolverine Tube, Inc. ("Wolverine") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. According to the Declaration of Wolverine's President in Support of Debtors' Petitions (the "Declaration"), the company's bankruptcy filing resulted from several factors, most notably a drop in cash due to volatility in commodity prices and high debt obligations. See Declaration at pp. 2-3.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Commodity, Debt, Balance sheet, Delaware General Corporation Law, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Sports equipment manufacturer, Schutt Sports, files for bankruptcy in Delaware
    2010-10-10

    On September 6, 2010, Schutt Sports ("Schutt" or the "Debtor") filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. This post will look briefly at the nature of Schutt's business, why it filed for bankruptcy and what it hopes to achieve while in bankruptcy.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Bankruptcy, Debt, Balance sheet, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    House Committee on Financial Services holds hearing on Lehman Bankruptcy examiner’s report
    2010-04-26

    On April 20, the House Committee on Financial Services held a hearing to discuss public policy issues raised by last month’s report of court-appointed bankruptcy examiner for Lehman Brothers Holdings Inc. (Lehman Brothers), Mr. Anton R. Valukas. The Committee heard testimony from the following witnesses:

    Panel One:

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Audit, Board of directors, Accounting, Defamation, Balance sheet, US Securities and Exchange Commission, Federal Reserve System, US House Committee on Financial Services, Lehman Brothers, Ernst & Young, Chief executive officer
    Location:
    USA
    Firm:
    Alston & Bird LLP

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