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    Caribbean Petroleum files for bankruptcy following explosion at petroleum tank farm
    2010-08-16

    On August 12, 2010, Caribbean Petroleum Corporation filed petitions for bankruptcy in the United States Bankruptcy Court for the District of Delaware. Caribbean Petroleum imports and distributes petroleum products in Puerto Rico through a network of 184 service stations. This post will look at the events leading up to the company's filing for bankruptcy, as well as what the company hopes to accomplish while in bankruptcy.

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Fox Rothschild LLP, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court, US District Court for District of Delaware, Chief financial officer
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    Court approves $125 million New Century settlement
    2010-08-10

    Yesterday, a federal judge preliminary approved a $125 million cash settlement for former shareholders of New Century Financial Corp. (“New Century”). New Century was the second largest subprime mortgage originator before it filed for bankruptcy in April 2007. In February 2008, Michael J.

    Filed under:
    USA, California, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Shareholder, Board of directors, Subprime lending, General counsel, Underwriting, Preferred stock, Securities fraud, Securities Act 1933 (USA), KPMG, US District Court for Central District of California, Chief executive officer, Chief financial officer
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Court compels examination under BIA notwithstanding self-incrimination objection
    2010-03-31

    In Rieger Printing Ink Co, 2009 WL 477541 (Ont S.C.J. [Commercial]), the Ontario Superior Court of Justice dealt with a party's right to protection against selfincrimination in relation to an examination held under section 163 of the Bankruptcy and Insolvency Act, R.S.C., 1985 c. B-3 ("BIA").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Discovery, Legal burden of proof, Bankruptcy and Insolvency Act 1985 (Canada), Canadian Charter of Rights and Freedoms, Supreme Court of Canada, Ontario Superior Court of Justice, Trustee, Chief financial officer
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    CCAA court approves a key employee retention plan for both Canadian and US affiliates
    2009-11-30

    On October 13, 2009, Arclin Canada Ltd./Arclin Canada Ltee. (“Arclin”), who is restructuring under CCAA proceedings and whose American affiliates are restructuring under Chapter 11 of the U.S. Bankruptcy Code, sought the approval of key employee retention program (“KERP”) agreements with its Chief Executive Officer and its Chief Financial Officer, and sought sealing orders with respect of the agreements. The KERP was approved by Justice Hoy. The following are some noteworthy points from this case.

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Confidentiality, Board of directors, Swap (finance), Debt, Economy, Prejudice, Companies' Creditors Arrangement Act 1933 (Canada), Chief executive officer, Chief financial officer
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    "If only you had come to us sooner" - strategies for avoiding insolvency
    2009-10-20

    We know this publication is about dispute resolution, but what we really want to talk about in this article is avoiding insolvency and bankruptcy disputes.

    “If Only You Had Come to Us Sooner”

    Filed under:
    Canada, Insolvency & Restructuring, Borden Ladner Gervais LLP, Bankruptcy, Board of directors, Debt, Dispute resolution, Liquidation, Cashflow, Bankruptcy and Insolvency Act 1985 (Canada), Chief financial officer
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Court denies request for a sealing order for transcript of Section 163(1) examination under the Bankruptcy and Insolvency Act
    2009-04-17

    In the recent decision of Re Rieger Printing Ink Co., Justice Pepall of the Ontario Superior Court of Justice (Commercial List) considered the right to protection against selfincrimination in a Section 163 examination conducted under the Bankruptcy and Insolvency Act (the "BIA").

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Discovery, Constitutionality, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Trustee, Chief financial officer
    Authors:
    Roger Jaipargas
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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