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    Valid statutory demand
    2010-11-23

    The court has held that a statutory demand is valid despite the high default interest rate on an underlying loan.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Credit (finance), Surety, Debtor, Interest, Debt, Collective bargaining agreements, Common law, Default (finance)
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Bankruptcy order against guarantor
    2010-12-15

    A guarantor can be made bankrupt where the terms of the guarantee create a debt obligation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Surety, Debtor, Consideration, Debt, Liability (financial accounting), Liquidation, Default (finance), Building society
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Insolvency figures paint contrasting picture
    2010-11-05

    A leading South Yorkshire insolvency expert has warned of a risk of a rise in corporate insolvencies in the new year.  

    The Government Insolvency Service third quarter figures show a slight decline in all forms of corporate insolvency and a big decline in the number of administrations (down 35 per cent on this time last year and 19 per cent down from the previous quarter).  

    Filed under:
    United Kingdom, Insolvency & Restructuring, Kennedys Law LLP, Bankruptcy, Solicitor, Dispute resolution, Consumer debt, Stakeholder (corporate), Self-employment, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Kennedys Law LLP
    Section 2(a)(iii) of the ISDA Master Agreement, similar clauses and insolvency
    2010-11-11

    There have been so many articles written and opinions expressed on the spate of cases on the effect of how netting provisions in over-the-counter ("OTC") derivative contracts work when a counterparty becomes in default, that you would be forgiven for being confused about the current position. Now that the dust has settled (for the time being at least), this article takes stock and seeks to make matters as straightforward as possible.

    Filed under:
    United Kingdom, USA, Derivatives, Insolvency & Restructuring, Reed Smith LLP, Bankruptcy, Collateral (finance), Over-the-counter (finance), Debt, Foreclosure, Default (finance), Lehman Brothers
    Authors:
    Siân C. Fellows , Paul M. Dillon
    Location:
    United Kingdom, USA
    Firm:
    Reed Smith LLP
    Appeal of UK case on effect of events of default on netting and payment obligations dismissed on consent
    2010-11-05

    If you were waiting to hear what the English Court of Appeal had to say about the lower court decision in Marine Trade S.A. v. Pioneer Freight Futures Co. Ltd. you’ll be disappointed, as the appeal was dismissed by consent of the parties on October 22, 2010.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, Stikeman Elliott LLP, Bankruptcy, Debt, Unjust enrichment, Common law, Default (finance), Contract for difference, International Swaps and Derivatives Association, Insolvency Act 1986 (UK), Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Stikeman Elliott LLP
    Warning to check lease history
    2010-10-11

    Commercial sellers need to be particularly careful when purporting to sell property with vacant possession. In a recent case, Area Estates Limited v Weir (2010), Area Estates tried to sell a site to Weir, telling Weir that Area’s former tenant had surrendered its lease, so that Area could sell with vacant possession.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Howes Percival LLP, Bankruptcy, Breach of contract, Landlord, Leasehold estate, Interest, Economy, Vesting, Trustee
    Location:
    United Kingdom
    Firm:
    Howes Percival LLP
    Before you charge in - Part 10. A bird in the hand...when does the right to set-off arise?
    2010-10-20

    Knowing how much money you owe and are owed is critical when considering disputes with other parties. You need to consider whether a right of set-off exists between you and the other party.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Debtor, Arbitration clause, Debt, Liquidation
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Disclaimer: the new rules
    2010-09-08

    In the continuing uncertainty of the current economic climate, and with a tough financial regime introduced by the new government, landlords may still find themselves faced with an insolvent tenant.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, BDB Pitmans LLP, Bankruptcy, Landlord, Leasehold estate, Interest, Liquidation, Liquidator (law), UK Land Registry
    Authors:
    Helen Matthews
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    Without a remedy
    2010-09-08

    The law has for years tried to grapple with the Gordian Knot between protecting a debtor’s assets for realisation and distribution to his creditors and protecting third parties who enter into transactions with the debtor after the bankruptcy process has been initiated, completely unaware of that process.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Bankruptcy, Debtor, Interest, UK Land Registry, Court of Appeal of England & Wales
    Authors:
    Sinéad Lester
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    English courts can enforce U.S. bankruptcy judgments without a separate proceeding
    2010-09-09

    In the case of Rubin v. Eurofinance SA [2010] EWCA Civ 895, [2010] All ER (D) 358 (Jul), the English Court of Appeal, Civil Division, determined that a U.S. bankruptcy court’s monetary default judgment obtained against Eurofinance and its principals, British citizens, was enforceable. In doing so, the Court of Appeal favored a “universal” approach to international bankruptcy cases and recognized adversary proceedings as part and parcel of the main bankruptcy case under American bankruptcy rules.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Bankruptcy, Conflict of laws, Consumer protection, Default judgment, UNCITRAL, Title 11 of the US Code, Court of Appeal of England & Wales, United States bankruptcy court
    Authors:
    Richard L. Epling , Kerry A. Brennan , Irene Dallas , Kent P. Woods
    Location:
    United Kingdom, USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP

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