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    Bankruptcy sale orders may not always prevent successor liability claims against asset purchasers
    2012-05-18

    A purchaser of assets from a debtor in bankruptcy may not be able to rely entirely on bankruptcy court approval of the sale to bar a claim arising long after the sale and based on a claimed defect in a product sold by the debtor years prior to its bankruptcy.

    Although bankruptcy court sale orders routinely shield asset purchasers from successor liability claims, that protection is not unlimited, particularly where a claimant did not and could not have received notice of the sale.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Hogan Lovells, Bankruptcy, Debtor, United States bankruptcy court
    Authors:
    Robin E. Keller
    Location:
    USA
    Firm:
    Hogan Lovells
    Business transfer regulations apply to pre-pack administrations
    2011-05-31

    In a judgment issued in test cases, OTG Ltd v Barke and others, the EAT held that administration proceedings are not capable of coming within the insolvency exception to the normal business transfers rule.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Hogan Lovells, Bankruptcy, Liquidation, Precondition, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Supreme People’s Court opines on the proper adjudication of enterprise bankruptcy cases amidst the global financial crisis
    2009-06-30

    Throughout the global economic meltdown, the number of bankruptcy cases in China has risen considerably. To shed light on bankruptcy proceedings and stabilize the domestic economy, the Supreme People’s Court of the PRC issued Opinions on Several Issues Regarding the Proper Adjudication of Enterprise Bankruptcy Cases to Provide a Judicial Safeguard for Maintaining Order in the Market Economy on June 12, 2009. The Opinions direct courts at all levels to properly apply the Enterprise Bankruptcy Law (EBL) to assist insolvent enterprises, maintain market order, and stabilize the economy.

    Filed under:
    China, Insolvency & Restructuring, Litigation, Hogan Lovells, Bankruptcy, Debtor, Debt, Liquidation, Compensation and benefits
    Location:
    China
    Firm:
    Hogan Lovells
    US bankruptcy automatic stay thwarts UK proceedings by the Pension Regulator
    2012-01-23

    On December 29, 2011, the US Court of Appeals for the Third Circuit issued an opinion in the chapter 11 bankruptcy case In re Nortel Networks, Inc., holding that the "automatic stay" on creditor collection actions outside the bankruptcy applied to prevent the UK Pension Protection Fund and the Trustee of the UK Nortel Pension Plan from participating in UK pensions proceedings initiated by the UK Pensions Regulator.

    Filed under:
    United Kingdom, USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Debtor, Pension Protection Fund, United States bankruptcy court, Third Circuit
    Authors:
    Elmer Doonan , Carole Neville , Andrew Patten , Robert E. Richards
    Location:
    United Kingdom, USA
    Firm:
    Dentons
    Review of the Jameson House restructuring
    2009-11-27

    Jameson House Properties Ltd. and Jameson House Ventures Ltd. (the Jameson Companies) were incorporated to develop a 37-storey mixed-use building in downtown Vancouver called Jameson House. By 2008, after many years of planning and development, the Jameson House project was well underway.

    Filed under:
    Canada, Construction, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Legal personality, Debtor, Liquidation, Cashflow, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Treasury makes Financial Markets and Insolvency Regulations
    2009-04-09

    Treasury has made a new set of Financial Markets and Insolvency Regulations that change the insolvency regime that applies to RIEs and RCHs. The Regulations amend several existing pieces of legislation including Part VII Companies Act 1989 and the 1991 Regulations. The changes include:  

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Dentons, Bankruptcy, Liquidation, Default (finance), Companies Act
    Authors:
    Matthew Hodgson , Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    Examining a bankrupt … again
    2008-07-31

    In Mendlowitz & Associates Inc. v. Chiang, an Order was granted in 2006 compelling the bankrupt and others to attend for an examination by the trustee under section 163(1) of the Bankruptcy and Insolvency Act (Canada). In 2008, the trustee applied under the same section to examine the bankrupt and others again.

    Section 163(1) of the BIA provides:

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Costs in English law, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court, Trustee
    Location:
    Canada
    Firm:
    Dentons
    Significant decision on municipal bankruptcy and special revenue warrants
    2012-01-13

    On January 6, 2012, Judge Thomas Bennett of the United States Bankruptcy Court for the Northern District of Alabama (the "Court") issued a 57-page opinion in the chapter 9 bankruptcy case of Jefferson County, Alabama (the "County") on several critical jurisdictionally related issues raised by the state court appointed receiver of the County's sewer system, the indenture trustee for the special revenue warrants for the sewer system (the "Indenture Trustee") and certain other joining creditors.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Public, Dentons, Bankruptcy, United States bankruptcy court
    Authors:
    Sam J. Alberts , Robert E. Richards
    Location:
    USA
    Firm:
    Dentons
    Supreme Court of Canada rules that the CRA has no claim on the GST component of a bankrupt’s accounts receivable
    2009-10-30

    The Supreme Court of Canada ruled that bankruptcy trustees, receivers and secured creditors can continue to collect the full amount of accounts receivable of a bankrupt supplier, including the Goods and Services Tax (GST) component, even if an amount remains owing by the supplier to the Canada Revenue Agency (CRA).

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Tax, Dentons, Bankruptcy, Debtor, Unsecured debt, Accounts receivable, Debt, Secured creditor, Goods and services tax (Canada), Goods and Services Tax (New Zealand), Canada Revenue Agency, Supreme Court of Canada
    Location:
    Canada
    Firm:
    Dentons
    B.C. court refuses to grant potential defendant standing to resist Section 38 application
    2009-03-31

    In Re: IC Creative Homes Inc. (2005) Carswell BC 3157 (Master) the Bankruptcy Court had previously granted an order under section 38 of the BIA allowing a creditor of the bankrupt to commence proceedings against the bankrupt’s accounting and business advisor for alleged misconduct and negligence relating to the operations of the bankrupt prior to its bankruptcy.

    Filed under:
    Canada, British Columbia, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Misconduct, Accounting, Standing (law), Negligence, United States bankruptcy court
    Location:
    Canada
    Firm:
    Dentons

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