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    Second Circuit decision results in significant nondischargeable debt as a result of new PBGC claims arising from pension plan termination in Chapter 11
    2009-08-26

    During the bankruptcy cycle following the recession of 2001, numerous debtors – notably airlines such as US Airways and United Air Lines, Inc. – undertook “distress terminations” of their ERISA-qualified defined benefit pension plans, which are insured by the Pension Benefit Guaranty Corporation (PBGC). The PBGC found itself holding large general unsecured claims arising from significant underfunding of pension plans insured by the PBGC as a result of these terminations. Efforts by the PBGC to obtain either administrative priority or secured status for these claims invariably failed.1

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Consumer protection, Unsecured debt, Debt, Defined benefit pension plan, Bankruptcy discharge, Title 11 of the US Code, US Congress, Pension Benefit Guaranty Corporation, United Airlines, Second Circuit, United States bankruptcy court
    Authors:
    Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Restructuring & insolvency review
    2011-03-14

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Costs in English law, Abuse of process, Solicitor, Debt, Liquidation, Liquidator (law), Insolvency Act 1986 (UK), Honda
    Authors:
    Devinder Singh , John Alderton , Cathryn Williams , Susan Kelly
    Location:
    United Kingdom
    Firm:
    Squire Sanders Hammonds
    Non-insider lender equitably subordinated for predatory lending
    2009-08-26

    Although courts are generally reluctant to equitably subordinate claims of non-insiders, the United States Bankruptcy Court for the District of Montana recently did just that to the claims of a non-insider lender based on overreaching and self-serving conduct in Credit Suisse v. Official Committee of Unsecured Creditors (In Re Yellowstone Mt. Club, LLC), Case No. 08-61570-11, Adv. No. 09-00014 (Bankr. D. Mont. May 13, 2009).

    Filed under:
    USA, Montana, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Credit (finance), Debtor, Dividends, Debt, Credit risk, Due diligence, Underwriting, Cashflow, Broadcast syndication, Credit Suisse, United States bankruptcy court
    Authors:
    Bradley A. Cosman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Florida district court sends strong message regarding expansive interpretation of fraudulent conveyance law in bankruptcy
    2011-02-18

    In a 113-page decision (click here to read decision) that is sure to be applauded by lenders and bond traders alike, Judge Alan S. Gold of the United States District Court for the Southern District of Florida, in overturning a Bankruptcy Court opinion that has caused lenders much concern, has issued a stern ruling that provides a bulwark against efforts by creditors and trustees in bankruptcy to expand the scope of the fraudulent conveyance provisions under the Bankruptcy Code.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bond (finance), Bankruptcy, Surety, Unsecured debt, Debt, Joint venture, Default (finance), Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sandra E. Mayerson , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Bankruptcy issues in intercreditor agreements
    2009-05-31

    Introduction

    This article addresses bankruptcy issues commonly arising in connection with intercreditor agreements, and is intended to provide a general examination of provisions that relate specifically to bankruptcy or other insolvency proceedings. By reviewing variations of these provisions that have appeared in negotiated second lien financings, the discussion provides a checklist that will be useful at the front end of deals of this kind.

    Filed under:
    USA, Insolvency & Restructuring, Squire Patton Boggs, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Debt, Limited partnership, Default (finance), Leverage (finance), Convertible bond, Bank of America
    Authors:
    Jeffrey A. Marks
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Spanish Corporate-Real Estate Legal Update nº 31. July 2016: Determination of the Moment at Which Director Liability Arises for Corporate Debts in the Event of Company Insolvency
    2016-07-06

    Supreme Court Judgment dated 10 March 2016 (STS 151/2016)

    The judgment of the Supreme Court analyses the objective scope of extension of the liability for obligations and debts for which, as appropriate, the director of a company should be liable and, more specifically, the scope of "the corporate obligations subsequent to the occurrence of the legal ground for dissolution".

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Patent infringement, Interest, Consideration, Debt, Court costs, Joint and several liability, Capital punishment, Dissolution (law), SCOTUS, Court of Appeal of England & Wales, South Africa Supreme Court of Appeal
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Second Circuit disapproves "gifting" plan and designates strategic investor’s vote as lacking good faith
    2011-02-10

    On February 7, 2011, the Court of Appeals for the Second Circuit issued a highly significant opinion in two consolidated appeals from the order of the United States District Court for the Southern District of New York affirming the bankruptcy court’s confirmation of a chapter 11 plan of reorganization for DBSD North America and its subsidiaries (DBSD).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Shareholder, Debtor, Unsecured debt, Debt, Good faith, Dissenting opinion, Balance sheet, Unsecured creditor, Leverage (finance), Warrant (finance), Sprint Corporation, Dish Network, Second Circuit, United States bankruptcy court
    Authors:
    Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Prescribed part and security holders
    2008-07-25

    One of the significant changes to distributions in insolvency made by the Enterprise Act 2002 was the abolition of the preferential status of debts owed to the Crown and the introduction of a provision for the creation of a ‘ring-fenced fund’ (also known as the “prescribed part”, an amount currently capped at £600,000) from the proceeds of floating charges created after 15 September 2003 to be applied in distribution to unsecured creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Share (finance), Unsecured debt, Debt, Liquidation, Secured creditor, Liquidator (law), Unsecured creditor, Insolvency Act 1986 (UK), Enterprise Act 2002 (UK), High Court of Justice
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Spanish Corporate-Real Estate Legal Update nº 31. July 2016: The Supreme Court Rates a Credit as Subordinated Because the Creditor Is a Company Belonging to the Insolvent Company’s Group
    2016-07-06

    Judgment of the Supreme Court, Chamber One, Number 134/2016, 04 March

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Legal personality, Shareholder, Credit (finance), Debtor, Consideration, Debt, Mortgage-backed security, SCOTUS, Court of cassation
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    The Pensions Regulator’s moral hazard powers may enjoy super-priority in insolvency
    2011-01-18

    The much awaited court decision on the status of Financial Support Directions (“FSDs”) and Contribution Notices (“CNs”) * issued by the Pensions Regulator against target companies after the commencement of English insolvency processes in respect of such targets was handed down by the court on Friday 10 December 2010. The reluctant decision of Mr Justice Briggs that FSDs and CNs in these circumstances were not provable debts but ranked as expenses of the insolvency process, taking precedence ahead of unsecured creditors, has caused dismay in the restructuring community.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Unsecured debt, Debt, Liability (financial accounting), Liquidation, Disability, Defined benefit pension plan, Insolvency Act 1986 (UK), Pensions Act 2004 (UK), Pensions Act 1995 (UK), The Pensions Regulator, Lehman Brothers
    Authors:
    Cathryn Williams , Andrew J. Knight
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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