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    Pro-rata calculation of pre-petition portion of tax refund was reasonable
    2010-08-11

    IN RE: MEYERS (August 2, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Kelley Drye & Warren LLP, Bankruptcy, Debtor, Debt, Liability (financial accounting), Legal burden of proof, Prima facie, Pro rata, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Interesting ResCap factOID – court rejects effort to disallow portion of bond claims based on “original issue discount”
    2013-12-03

    In an opinion that will have a significant impact on the viability of debt for debt exchanges and out of court restructurings, Judge Martin Glenn of the U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Collateral (finance), Debt, Maturity (finance), Fair market value
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Bankruptcy court's order denying a plan objection is not appealable
    2010-06-25

    IN RE: MCKINNEY (June 23, 2010)

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Real Estate, Tax, Kelley Drye & Warren LLP, Bankruptcy, Property tax, Debt, Deed, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The right kind of broke? Judge weighs deeply insolvent county's eligibility for Chapter 9 protection
    2012-01-06

    The travails of Jefferson County, Alabama are well known.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Debt
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Reorganization plan's definition of a term need not coincide with the statutory definition of the same term
    2010-05-03

    IN RE: ALTHEIMER & GRAY (April 15, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debt, Adoption, Liquidation, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    A class of their own? Class constitution in schemes of arrangement
    2017-10-16

    The Boart Longyear decisions confirm that class constitution remains a critical issue for review when pursuing creditors' schemes of arrangement.

    The New South Wales Court of Appeal has recently confirmed the circumstances in which companies seeking approval of schemes of arrangement will be required to convene separate meetings for different classes of creditors.

    Class constitution: key principles

    Filed under:
    Australia, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Clayton Utz, Unsecured debt, Debt, Secured creditor, Corporations Act 2001 (Australia), New South Wales Court of Appeal
    Authors:
    Timothy Sackar , Jillian Robertson
    Location:
    Australia
    Firm:
    Clayton Utz
    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
    Does a DOCA release a company from a debt arising under a guarantee?
    2015-08-06

    Key Points:

    A DOCA can extinguish claims under a guarantee, even where those claims arise following the DOCA's termination.

    If the underlying debt has already been extinguished by a DOCA, can a secured creditor still enforce the charge? A recent case explored the role of section 444D(2) of the Corporations Act in this situation, with implications for parties seeking to rely on guarantees from companies that have been through a DOCA (Australian Gypsum Industries Pty Ltd v Dalesun Holdings Pty Ltd [2015] WASCA 95).

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Clayton Utz, Debt, Secured creditor
    Authors:
    Nick Poole , Peter Bowden
    Location:
    Australia
    Firm:
    Clayton Utz
    Nine Entertainment - debt for equity swap agreed
    2012-10-25

    Key Points:

    What the protracted negotiations surrounding Nine Entertainment have demonstrated is the importance of an interested party being able to assert they have an economic interest in the company.

    Filed under:
    Australia, Insolvency & Restructuring, Clayton Utz, Interest, Hedge funds, Debt, Valuation (finance)
    Authors:
    Peter Bowden , Nick Poole , Paul James
    Location:
    Australia
    Firm:
    Clayton Utz
    Victoria's new Farm Debt Mediation Scheme - how does it work?
    2012-10-25

    Key Points:

    There are various issues of which a secured creditor must be aware in seeking to either comply with its obligations or take steps to enforce a mortgage under the Act.

    Victoria's new Farm Debt Mediation Act 2011 (Vic) commenced operation on 1 December 2011 and is largely modelled on the equivalent New South Wales legislation, the Farm Debt Mediation Act 1994 (NSW).

    Filed under:
    Australia, Arbitration & ADR, Banking, Insolvency & Restructuring, Real Estate, Clayton Utz, Debtor, Debt, Mortgage loan, Mediation
    Authors:
    Paul James
    Location:
    Australia
    Firm:
    Clayton Utz

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