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Brexit: Keep Calm and Carry On
2016-07-01

As the country recovers from the shock outcome of last Thursday’s Referendum, the question which Restructuring professionals must now consider is “what does Brexit mean for me?”. The truth is that nobody really knows. The Referendum decision is not legally binding on the UK Government and the process of the UK leaving the EU will only start once the UK has served formal notice on the EU pursuant to Article 50 of the Treaty on the European Union. This will start a two year negotiation period to effect Brexit.

Filed under:
European Union, United Kingdom, Insolvency & Restructuring, Public, Squire Patton Boggs, Lobbying, Brexit, Breach of contract, Climate change mitigation, Supply chain, Internal market, Tariff, Force majeure, Trade barrier, Tax efficiency, Constitutional amendment
Authors:
John Alderton , Caroline Castle
Location:
European Union, United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Unfinished Business: Insolvency Rules 2016 and changes still to come
2017-05-24

The Insolvency Rules (England and Wales) 2016 (“IR2016”) came into force on 6 April 2016 applying to most corporate and personal insolvency regimes in England and Wales. However, there is still unfinished business for the Government and further regulation is expected to be introduced later this year to ensure the changes apply uniformly in all areas.

Filed under:
United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Constitutional amendment, Time (magazine), High Court of Justice
Authors:
Helen Kavanagh , James Moore
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
An Original Signature Means an Original Signature - Attorney Sanctioned Over the Use of DocuSign Signatures
2016-10-26

In a recent memorandum decision, Judge Robert S. Bardwil of the United States Bankruptcy Court for the Eastern District of California sanctioned a Sacramento attorney and ordered him to complete a local e-filing course because he did not maintain copies of filed documents that included the original “wet” signature.

Filed under:
USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Customs, Electronic signature, Constitutional amendment, United States bankruptcy court, US District Court for District of Delaware, US District Court for Northern District of Illinois, US District Court for Eastern District of California
Authors:
Travis A. McRoberts
Location:
USA
Firm:
Squire Patton Boggs
View Original Article
History matters: historical breaches may undermine assumption of executory contracts
2011-10-13

One of the primary fights underlying assumption of an unexpired lease or executory contract has long been over whether any debtor breaches under the agreement are “curable.” Before the 2005 amendments to the Bankruptcy Code, courts were split over whether historic nonmonetary breaches (such as a failure to maintain cash reserves or prescribed hours of operation) undermined a debtor’s ability to assume the lease or contract.

Filed under:
USA, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor, Breach of contract, Federal Reporter, Franchise agreement, Default (finance), Constitutional amendment, Title 11 of the US Code, US Congress, Ninth Circuit, First Circuit, Trustee
Authors:
Lance Miller
Location:
USA
Firm:
Jones Day
View Original Article
Delaware bankruptcy court overrules objection of lone dissenting syndicate lender to collateral agent's credit bid
2009-04-09

One of the key protections afforded to secured creditors under the Bankruptcy Code is the right of a holder of a secured claim to credit bid the allowed amount of its claim as part of a sale process under section 363 of the Bankruptcy Code. Specifically, section 363(k) of the Bankruptcy Code provides that:

Filed under:
USA, Delaware, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Waiver, Debt, Secured loan, Constitutional amendment, United States bankruptcy court
Authors:
Brad B. Erens
Location:
USA
Firm:
Jones Day
View Original Article
Improper Use of Contract Attorneys, Failure to Disclose Terms - This Case Has It All
2016-07-18

Estate professionals are under continued scrutiny. Unlike other professionals, getting paid is not simply a matter of sending a bill. The bankruptcy court, appropriately so, closely oversees the amount and timing of payment of estate professional fees. And proper disclosure under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) is critical for all estate professionals.

Filed under:
USA, Insolvency & Restructuring, Legal Practice, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Regulatory compliance, Bankruptcy, Debtor, Independent contractor, Discovery, Legal burden of proof, Constitutional amendment, US Code, United States bankruptcy court
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article
PIF revisited - no right not to be diluted
2011-10-07

On 5 October 2011 Justice Barrett of the Supreme Court of NSW handed down a decision in Centro Retail Limited and Centro MCS Manager Limited in its capacity as Responsible Entity of the Centro Retail Trust [2011] NSWSC 1175 (“Centro”) where he found that the responsible entity of Centro Retail Trust would be justified in modifying the constitution of the trust without unitholder approval to a insert a provision permitting the issue of units at a price different to that provided for by the pre-existing provisions.

Filed under:
Australia, New South Wales, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Retail, Security (finance), Investment funds, Market value, Net asset value, Constitutional amendment, Corporations Act 2001 (Australia), Constitution, Australian Securities Exchange, ING Group, Federal Court of Australia, New South Wales Supreme Court
Location:
Australia
Firm:
King & Wood Mallesons
View Original Article
Consolidations and winding ups
2011-06-27

Over the past few months there have been a number of insurance portfolio transfers and a winding up of a general insurer.  Various judges of the Federal Court have considered aspects of the Insurance Act (Cth) 1973.

Portfolio transfers

There have been two scheme transfers of insurance portfolios from Australian branches of overseas insurers to Australian subsidiaries.  While objections to the transfers were raised, the Federal Court confirmed the schemes.

Filed under:
Australia, Insolvency & Restructuring, Insurance, King & Wood Mallesons, Reinsurance, Liquidation, Holding company, Constitutional amendment, Corporations Act 2001 (Australia), American International Group, Federal Court of Australia
Location:
Australia
Firm:
King & Wood Mallesons
View Original Article
Plans and schemes of arrangement in the British Virgin Islands
2011-02-01

Under the BVI Business Companies Act, 2004 (the “Act”) there are two types of court supervised arrangements.

Filed under:
British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Security (finance), Liquidator (law), Prima facie, Consolidation (business), Constitutional amendment, Companies Act
Location:
British Virgin Islands
Firm:
Ogier
View Original Article
Exempted limited partnerships: winding up, dissolution and other changes
2009-04-30

The Exempted Limited Partnership (Amendment) Law, 2009, which was enacted in March 2009 and is expected to come into effect before the end of April 2009, has made significant changes to the regime for the winding up and dissolution of exempted limited partnerships (“Partnerships”). The opportunity has also been taken to clarify certain other provisions of the Exempted Limited Partnership Law (2007 Revision) (“ELP Law”).  

Winding Up and Dissolution  

Filed under:
Cayman Islands, Company & Commercial, Insolvency & Restructuring, Ogier, Contractual term, Bankruptcy, Limited partnership, Liquidation, Dissolution (law), Articles of partnership, Constitutional amendment
Location:
Cayman Islands
Firm:
Ogier
View Original Article

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