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    Actions based on same course of conduct are related claims; application of I v. I exclusion unclear where claims brought by trustee on behalf of debtor and subsidiaries
    2011-09-19

    The United States Bankruptcy Court for the District of Delaware, applying federal law, has held that certain lawsuits brought by a bankruptcy trustee were related claims, even though they alleged unique causes of action, because they were based upon the same course of conduct.  The court also found that the trustee was pursuing claims both on behalf of the policyholder-debtor and its subsidiaries, and therefore the application of the insured versus insured exclusion was “unclear.”  Nonetheless, the court found that the individual insureds were entitled to 100% of their defense cos

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Debtor, Board of directors, Liquidation, Subsidiary, Causality, Racketeer Influenced and Corrupt Organizations Act 1970 (RICO) (USA), Westlaw, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Court adopts "purpose" test to determine whether loan is "educational"
    2011-03-07

    BUSSON-SOKOLIK v. MILWAUKEE SCHOOL OF ENGINEERING (February 10, 2011)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Costs in English law, Waiver, Debt, Default judgment, Bad faith, Frivolous litigation, Bankruptcy discharge, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Trust companies in liquidation - dealing with priority debts
    2016-07-12

    The decision in In the matter of Independent Contractor Services (Aust) could mean more reliance upon fair entitlements guarantee funding provided by the Commonwealth in relation to the liquidation of trading trusts.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz, Costs in English law, Audit, Beneficiary, Debt, Withholding tax, Liquidation, Liquidator (law), Discretionary trust, Corporations Act 2001 (Australia), Australian Taxation Office, New South Wales Supreme Court , Trustee
    Authors:
    Mikhail Glavac , Orla McCoy
    Location:
    Australia
    Firm:
    Clayton Utz
    Changes to insolvency procedure
    2011-02-17

    A number of changes have been made to insolvency procedure to remove various discrepancies and controversial practices:

    Filed under:
    Bulgaria, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Bankruptcy, Costs in English law, Debtor, Debt, Secured creditor, Capital punishment
    Authors:
    Atanas Bangachev , Desislava Vasileva
    Location:
    Bulgaria
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Fourth Circuit sifts circumstances to deny a creditor any claim against a debtor where creditor received partial payment from a guarantor
    2007-10-04

    In National Energy & Gas Transmission, Inc. v. Liberty Electric Power, LLC (In re National Energy & Gas Transmission, Inc.),1 the Fourth Circuit held that, where an unsecured creditor receives payment from a non-debtor guarantor in partial satisfaction of a claim against the debtor, for purposes of the creditor's claim against the debtor, the creditor may not choose to allocate such payment to post-petition interest.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Costs in English law, Surety, Debtor, Natural gas, Interest, Debt, Coal, Electricity, Electricity generation, Unsecured creditor, United States bankruptcy court, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    High Court gives independent trustee power to distribute the surplus on a scheme wind-up
    2008-09-30

    In Bridge Trustees Limited v Noel Penny, Judge Purle QC, sitting as an additional Judge of the High Court, held that the Court could use its inherent jurisdiction to permit an independent trustee to distribute surplus in a scheme that was winding-up. Under the Pensions Act 1995, an independent trustee is appointed to exercise powers otherwise conferred on the employer where an insolvency practitioner begins to act in relation to a company.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Costs in English law, Fiduciary, Liquidation, Capital punishment, Pensions Act 1995 (UK), High Court of Justice, Trustee
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Hungarian bankruptcy and corporate legislation revised
    2007-03-12

    Changes to Hungarian bankruptcy law mean that priority will be given to creditors who pledge property as security or collateral. Minor changes to Hungarian corporate legislation require companies to list specific court registration information on their official correspondence and websites.

    Introduction

    Filed under:
    Hungary, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Public company, Bankruptcy, Costs in English law, Credit (finance), Debtor, Collateral (finance), Liquidation, Liquidator (law), Capital punishment, Dissolution (law)
    Location:
    Hungary
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Charging order and administration
    2010-12-15

    A notice of intention to appoint administrators (a Notice), although not an absolute bar to making a final charging order, will generally act as a moratorium. This prevents creditors from taking steps to enforce their claims against a company without the permission of the court.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Costs in English law, Moratorium (law), Insolvency Act 1986 (UK)
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Creditors' interests come first
    2010-06-24

    In Pick v Sumpter and another, the first defendant's trustee in bankruptcy applied for an order for possession of the defendants' matrimonial home. At the hearing in May 2006, the evidence showed that the sum outstanding as at November 2005 was £25,571 but did not take into account legal costs. That sum was an estimate and did not take into account statutory interest on the bankrupt's debts beyond the date of the hearing, solicitor's costs of the possession hearing or any increase or decrease in the trustee's remuneration.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Costs in English law, Unsecured debt, Interest, Debt, Trustee
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Clear reasoning required for court's decision
    2010-05-19

    Justice has to be seen to be done. Without clear reasons from the court as to the decision it reached, a party is entitled to have reheard issues it raised on an earlier application but which there is no evidence the court considered.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Costs in English law
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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