Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Enron redux: round two goes to claims purchasers/traders
    2007-10-01

    In previous editions of the Business Restructuring Review, we reported on a pair of highly controversial rulings handed down in late 2005 and early 2006 by the New York bankruptcy court overseeing the chapter 11 cases of embattled energy broker Enron Corporation and its affiliates. In the first, Bankruptcy Judge Arthur J. Gonzalez held that a claim is subject to equitable subordination under section 510(c) of the Bankruptcy Code even if it is assigned to a third-party transferee who was not involved in any misconduct committed by the original holder of the debt.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Shareholder, Security (finance), Fraud, Fiduciary, Common law, Asset forfeiture, Title 11 of the US Code, Citibank, Enron, United States bankruptcy court
    Location:
    USA
    Firm:
    Jones Day
    Public right to full disclosure in bankruptcy extends to Rule 2019 statements
    2013-06-01

    One of the hallmarks of the U.S. bankruptcy system is ready access to information concerning any entity that files for bankruptcy protection. The integrity of that system is premised upon the presumption that not only creditors and other interested parties in a bankruptcy case, but also the public at large, should have the ability to examine any document filed with the bankruptcy court.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Common law
    Authors:
    Gregory M. Gordon , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    European perspective in brief
    2012-12-01

    Europe has struggled mightily during the last several years to triage a long series of critical blows to the economies of the 27 countries that comprise the European Union, as well as the collective viability of eurozone economies. Here we provide a snapshot of some recent developments relating to insolvency and restructuring in the EU.

    Filed under:
    European Union, Spain, United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, Common law
    Authors:
    Mark G. Douglas
    Location:
    European Union, Spain, United Kingdom
    Firm:
    Jones Day
    First impressions: Fifth Circuit rules that non-insider claims can be recharacterized as equity
    2011-10-13

    The ability of a bankruptcy court to reorder the priority of claims or interests by means of equitable subordination or recharacterization of debt as equity is generally recognized. Even so, the Bankruptcy Code itself expressly authorizes only the former of these two remedies. Although common law uniformly acknowledges the power of a court to recast a claim asserted by a creditor as an equity interest in an appropriate case, the Bankruptcy Code is silent upon the availability of the remedy in a bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Shareholder, Fiduciary, Interest, Federal Reporter, Debt, Common law, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit, Third Circuit, Sixth Circuit, Tenth Circuit, Court of equity
    Authors:
    Scott J. Friedman , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    High Court Broadens the Definition of “Actual Fraud” under Section 523(a)(2)(A)
    2016-05-17

    The Supreme Court’s Decision:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Debtor, Fraud, Misrepresentation, Common law, Fifth Circuit
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Modified Universalism - privy to Singular clarification?
    2015-01-26

    While most jurisdictions provide liquidators with wide investigative powers to locate and realise assets locally, the exercise of such powers becomes more complicated when the assets are situated overseas. As more and more businesses expand globally and corporate structures become equally more complex, the liquidators’ task becomes more problematic in winding up such companies.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, RPC, Common law, Liquidator (law)
    Authors:
    David Smyth
    Location:
    Hong Kong
    Firm:
    RPC
    Modified universalism – privy to singular clarification?
    2015-01-20

    Introduction

    While most jurisdictions provide liquidators with wide investigative powers to locate and realise assets locally, the exercise of such powers becomes more complicated when the assets are situated overseas. As more and more businesses expand globally and corporate structures become equally more complex, the liquidators' task becomes more problematic in winding up such companies.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, RPC, Common law, Liquidator (law)
    Authors:
    Rebecca Wong
    Location:
    Hong Kong
    Firm:
    RPC
    Enforcing insolvency orders in England & Wales following Rubin v Eurofinance
    2013-01-17

    The UK Supreme Court judgment in the conjoined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in Liquidation) and another v AE Grant and others [2012] UKSC 46, which provides vital clarification on the effect of foreign insolvency judgments on the UK courts.

    Background & Court of Appeal

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Common law, Enforcement of foreign judgments, Liquidator (law), UK Supreme Court
    Authors:
    Tim Moynihan
    Location:
    United Kingdom
    Firm:
    RPC
    Rubin v Eurofinance – SC decision case comment
    2012-10-25

    The UK Supreme Court has handed down an important judgment in the conjoined cases of Rubin and another v Eurofinance SA and others and New Cap Reinsurance Corporation (in Liquidation) and another v AE Grant and others [2012] UKSC 46, which provides vital clarification on the effect of foreign insolvency judgments on the UK courts. The judgment was handed down yesterday.

    Background & Court of Appeal

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, RPC, Common law, Enforcement of foreign judgments, Liquidator (law), Court of Appeal of England & Wales, UK Supreme Court, Court of Appeal of Singapore
    Authors:
    Vivien Tyrell , Tim Moynihan
    Location:
    United Kingdom
    Firm:
    RPC
    Protecting the customer v depriving the supplier's creditors
    2010-04-09

    In the present fi nancial climate, customers are increasingly asking for business critical software or other assets to be transferred to the customer should the supplier become insolvent, for the legitimate reason that the customer needs security of supply. Two recent Court of Appeal cases remind us that customers who outsource to and contract with potentially vulnerable service providers need to take account of the “anti-deprivation principle” when doing this.

    Filed under:
    United Kingdom, Insolvency & Restructuring, IT & Data Protection, Litigation, RPC, Share (finance), Shareholder, Joint venture, Public limited company, Common law, Insolvency Act 1986 (UK)
    Authors:
    Vivien Tyrell
    Location:
    United Kingdom
    Firm:
    RPC

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 13
    • Page 14
    • Page 15
    • Page 16
    • Current page 17
    • Page 18
    • Page 19
    • Page 20
    • Page 21
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days