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    Nortel: not just bad news for banks
    2011-11-08

    The Court of Appeal decision in the Nortel case upheld the High Court ruling that FSD/CN liability is an expense of the administration and therefore ranks ahead of administrators' remuneration, floating charges and unsecured creditors. Much of the press coverage which has followed in the immediate aftermath seems to have assumed that the decision is a victory for "good" pensioners over the "bad" banks.

    Filed under:
    United Kingdom, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Unsecured debt, Debt, Defined benefit pension plan, Building society, Financial Services Compensation Scheme, Pension Protection Fund, The Pensions Regulator, SCOTUS, Court of Appeal of England & Wales, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    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
    Ireland increases bank bailout commitments
    2010-10-01

    On Thursday, Ireland's Finance Minister Brian Lenihan released a "Minister's Statement on Banking" announcing new commitments to troubled Irish banks. The statement began: "It is an urgent and immediate priority to reinforce international market confidence in our ability and commitment to restore our banking system to health and to secure the long-term sustainability of our fiscal position." Toward that end, Mr. Lenihan announced increased commitments to banks and building societies.

    Filed under:
    Ireland, Banking, Insolvency & Restructuring, Alston & Bird LLP, Shareholder, Bailout, Underwriting, Preferred stock, Building society
    Location:
    Ireland
    Firm:
    Alston & Bird LLP
    Treasury makes banking insolvency rules
    2010-10-29

    Treasury makes banking insolvency rules: Treasury has made insolvency and administration rules covering building societies in England and Scotland and amended the English rules on banks in insolvency and administration and the Scottish rules on banking insolvencies. The English rules, among other changes, provide for the statement of proposals to be sent to FSA and FSCS and for the disapplication of set-off for protected deposits up to FSCS's statutory limit. The Scottish instruments apply to insolvencies of banks and building societies under the Banking Act 2009.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Building society, Banking Act 2009 (UK), HM Treasury (UK)
    Authors:
    Matthew Hodgson
    Location:
    United Kingdom
    Firm:
    Dentons
    FSA makes new rules
    2010-04-01

    FSA made five sets of new rules at its March board meeting:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Dentons, Retail, Credit risk, Standing (law), Tariff, Building society, FSA
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    Treasury publishes building society orders
    2009-04-03

    Treasury has published two orders made under the Insolvency Act 1986 and the Banking Act 2009. The orders are:  

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Building society, Financial Services Compensation Scheme, Insolvency Act 1986 (UK), Banking Act 2009 (UK)
    Location:
    United Kingdom
    Firm:
    Dentons

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