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    Deprived or deserved? The Supreme Court clarifies its interpretation of the anti-deprivation rule
    2011-10-10

    In its recent decision in Belmont Park Investments PTY Ltd v BNY Corporate trustee Services Ltd and Lehman Brothers Special Financing Inc,[1] the Supreme Court ruled in favour of investors, clarifying the limits of the anti-deprivation rule and holding that a commercially sensible transaction entered into in good faith and without the intention to evade insolvency laws should not infringe the anti-deprivation rule.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Wedlake Bell, Bankruptcy, Debtor, Collateral (finance), Good faith, Common law, Default (finance), Credit default swap, Lehman Brothers, Trustee, Supreme Court of the United States
    Authors:
    Edward Starling
    Location:
    United Kingdom
    Firm:
    Wedlake Bell
    UK Supreme Court rules in favour of flip clauses
    2011-08-08

    The UK Supreme Court, which is the UK's highest court, has handed down its long-awaited decision in Belmont Park Investments Pty Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc [2011] UKSC 38, in which the Court considered the validity and enforceability of so-called "flip" clauses under English bankruptcy law.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Clayton Utz, Bankruptcy, Surety, Collateral (finance), Security (finance), Swap (finance), Good faith, Default (finance), Credit default swap, Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice (England & Wales), UK Supreme Court
    Authors:
    Andrew Jinks , Louise McCoach , Alex Chernishev , Joshua Knuckey
    Location:
    United Kingdom
    Firm:
    Clayton Utz
    Supreme Court decision on the Lehman credit default swap "flip" provisions
    2011-08-10

    The case concerned credit default swaps entered into between Lehman Brothers Special Financing Inc., and various parties, and the rights of the parties in respect of collateral held by a trustee.

    Filed under:
    United Kingdom, Derivatives, Insolvency & Restructuring, Litigation, Locke Lord LLP, Collateral (finance), Swap (finance), Credit default swap, Lehman Brothers, Trustee
    Location:
    United Kingdom
    Firm:
    Locke Lord LLP
    US “ipso facto” and UK “anti-deprivation”: the Lehman “flip” clause
    2010-08-18

    Background

    Filed under:
    United Kingdom, USA, Derivatives, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Chadbourne & Parke LLP, Bankruptcy, Collateral (finance), Default (finance), Collateralized debt obligation, Deed of trust (real estate), Credit default swap, Lehman Brothers, Insolvency Act 1986 (UK), Trustee, Court of Appeal of England & Wales, High Court of Justice (England & Wales), United States bankruptcy court
    Authors:
    Alastair Goldrein
    Location:
    United Kingdom, USA
    Firm:
    Chadbourne & Parke LLP
    55 companies liquidated per day as corporate insolvencies rise by nearly 40% in Q2 2009 says Freshfields
    2009-08-07

    5,055 compulsory company liquidations in Q2 2009, but administrations fall 21% on previous quarter

    Filed under:
    United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Retail, Market liquidity, Swap (finance), Debt, Liquidation, Balance sheet, Credit default swap
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    CESR publishes a report on the Lehman Brothers default and provides an assessment of the market impact
    2009-03-30

    On 23 March 2009, the Committee of European Securities Regulators (CESR) published a report on the market impact of the Lehman Brothers default. The report began with a brief discussion of the causes of the bankruptcy of Lehman Brothers Holdings Inc. It then set out some of the regulatory and industry responses to the challenges in the securities field including:

    Filed under:
    United Kingdom, Capital Markets, Insolvency & Restructuring, Norton Rose Fulbright, Clearing (finance), Credit (finance), Security (finance), Clearing house (finance), Liquidation, Default (finance), Investment company, Lehman Brothers cases, Credit default swap, Lehman Brothers, Committee of European Securities Regulators
    Authors:
    Jonathan Herbst , Peter Snowdon
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    "The Net Short": U.S. and European High-Yield Covenant Trends in Response to Net Short Activism
    2020-02-17

    Hogan Lovells Publications | 17 February 2020

    "The Net Short": U.S. and European High-Yield Covenant Trends in Response to Net Short Activism

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, Hogan Lovells, Credit default swap
    Location:
    USA
    Firm:
    Hogan Lovells
    NERA Economic Consulting Analyzes Allegations of Manufactured Defaults
    2019-12-17

    The National Economic Research Associates ("NERA"), an economic consulting firm, demonstrated in a recent article how economic analysis can be used to assess allegations related to credit default swaps ("CDS") and the creditworthiness of a company.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Credit default swap
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    ISDA proposes amendments to 2014 Credit Derivatives Definitions relating to narrowly tailored credit events
    2019-04-17

    Introduction

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, A&O Shearman, Credit default swap, Commodity Futures Trading Commission (USA), International Swaps and Derivatives Association
    Authors:
    Donna M. Parisi , Geoffrey Goldman , Azam H. Aziz , Jennifer Oosterbaan
    Location:
    USA
    Firm:
    A&O Shearman
    Short-Squeeze Risks Loom Again in CDS Markets
    2019-01-11

    In Short:

    The Situation: Fears of a potential short-squeeze in the upcoming Sears CDS auction have kicked off disputes in a variety of venues.

    The Result: One of these disputes caused the fourth-ever convening of an ISDA CDS Determinations Committee external review panel and another made its way before the Sears bankruptcy court.

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Jones Day, Credit derivative, Credit default swap, International Swaps and Derivatives Association
    Authors:
    George J. Cahill , Locke R. McMurray , Jayant W. Tambe
    Location:
    USA
    Firm:
    Jones Day

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