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    ISDA will publish auction protocol for the settlement of credit derivatives referencing Smurfit-Stone Consolidated Enterprises, Inc.
    2009-01-27

    On Monday, the International Swaps and Derivatives Association, Inc. (ISDA) announced that it will issue a CDS auction protocol regarding the settlement of credit derivatives that reference Smurfit-Stone Consolidated Enterprise Inc. The protocol is a response to Smurfit-Stone’s recent filing for reorganization under Chapter 11 in the US Bankruptcy Court in Wilmington, Delaware.  

    Filed under:
    Global, Derivatives, Insolvency & Restructuring, Alston & Bird LLP, Voting, Communications protocol, Credit derivative, Credit default swap, International Swaps and Derivatives Association
    Location:
    Global
    Firm:
    Alston & Bird LLP
    Major advances in cross-border insolvency protocols: Lehman Bros. and Madoff Securities
    2009-06-29

    From modest beginnings, the concept of Cross-Border Insolvency Protocols as a means of enhancing cooperation between administrations in international cases has become an established practice in major cases. From their origins in the International Bar Association’s Cross-Border Insolvency Concordat through the early Protocols in Maxwell Communication and Everfresh Beverages, Protocols have become a mainstay in international reorganizations and restructurings.

    Filed under:
    Global, USA, Insolvency & Restructuring, Litigation, Cassels Brock & Blackwell LLP, Security (finance), Liquidation, Common law, Communications protocol, Subsidiary, International Bar Association, Lehman Brothers, United States bankruptcy court
    Authors:
    Bruce Leonard
    Location:
    Global, USA
    Firm:
    Cassels Brock & Blackwell LLP
    Limited time for holders of Lehman Brothers credit default swaps to participate in ISDA settlement protocol
    2008-10-05

    Clients who desire to participate in the International Swaps and Derivatives Association, Inc. (“ISDA”) 2008 Lehman Brothers Holdings Inc. (“Lehman”) Credit Default Swap (“CDS”) Settlement Protocol (the “Settlement Protocol”) must do so by Wednesday, October 8, 2008 at 5:00 p.m. (New York time). The period to join the Settlement Protocol opens on Monday, October 6, 2008; accordingly, there is a relatively narrow window for clients to elect to participate.

    Filed under:
    Global, Derivatives, Insolvency & Restructuring, Lowenstein Sandler LLP, Bond (finance), Swap (finance), Debt, Communications protocol, Credit default swap, Subordinated debt, International Swaps and Derivatives Association, Lehman Brothers
    Location:
    Global
    Firm:
    Lowenstein Sandler LLP
    Bankruptcy and your home
    2008-12-19

    With the economy in poor shape and personal debt still at high levels, the outlook is less than rosy for people who are facing insolvency. Even after the changes made by the Enterprise Act 2002, bankruptcy is still a difficult experience. This is especially true where the family home is the main asset of the bankrupt’s estate.

    The trustee in bankruptcy will normally seek a possession order over the property so that it can be sold to satisfy the claims of creditors.

    When deciding whether the possession order is to be granted, the court is obliged to consider:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, DMH Stallard LLP, Bankruptcy, Interest, Debt, Consumer debt, Precondition, Prejudice, Communications protocol, Civil partnership in the United Kingdom, HM Revenue and Customs (UK), Enterprise Act 2002 (UK)
    Location:
    United Kingdom
    Firm:
    DMH Stallard LLP
    IVAs set to soar
    2008-03-24

    The number of individual voluntary arrangements (IVAs) is set to soar to over 50,000 this year, according to industry sources. This follows two years in which the number of IVAs has been slightly more than 40,000 per year.

    Filed under:
    United Kingdom, Insolvency & Restructuring, DMH Stallard LLP, Discrimination, Mortgage loan, Economy, Communications protocol, American Bankers Association, Bank of England
    Location:
    United Kingdom
    Firm:
    DMH Stallard LLP
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