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    Litigation survival guide - part 5: responding to the threat of winding-up
    2009-02-25

    Although service of a statutory demand or winding-up petition on a company is a blunt and unsophisticated debt recovery tool, it will often have the desired effect for a creditor as they are seldom ignored and ignored only at the company's peril. It can often prompt payment of the sum due, or judgment owed, where previously there has been prevarication and empty promises of payment.

    Here is a reminder of some important issues a (solvent) company should consider if a statutory demand or petition is served upon it.

    Doing nothing is not an option

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Costs in English law, Debtor, Injunction, Advertising, Abuse of process, Debt, Liquidation
    Authors:
    Clark Sargent
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Bankruptcy order against guarantor
    2010-12-15

    A guarantor can be made bankrupt where the terms of the guarantee create a debt obligation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Surety, Debtor, Consideration, Debt, Liability (financial accounting), Liquidation, Default (finance), Building society
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Charging order survives intervening bankruptcy
    2009-02-23

    An intervening bankruptcy will not defeat a charging order where the bankruptcy was entered into in an attempt to frustrate the charge.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Debtor, Fraud, Debt, Legal burden of proof, Insolvency Act 1986 (UK)
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    One Bite at the Apple: Section 502(e)(1)(B) and the Disallowance of Redundant, Contingent Claims
    2016-06-10

    Section 502(e)(1)(B) of the Bankruptcy Code allows debtors to seek disallowance of certain types of contingent claims to avoid being twice liable on a single obligation. It has the added benefits of facilitating debtors’ efficient exit from bankruptcy and ensuring that unsecured creditors are paid in a timely fashion. Debtors commonly seek Section 502(e)(1)(B) relief for claims involving environmental remediations or tort lawsuits, for example personal injury actions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Bankruptcy, Debtor, Debt, Apple Inc
    Authors:
    Rebecca Hollander
    Location:
    USA
    Firm:
    Cole Schotz PC
    Supreme Court Broadly Interprets “Actual Fraud” Exception to Bankruptcy Discharge
    2016-05-23

    On Monday, May 16, 2016, the Supreme Court issued its decision in the case of Husky Int’l Elecs., Inc. v. Ritz, — S. Ct. —, 2016 WL 2842452 (2016) resolving a split between the Fifth and Seventh Circuit Courts of Appeal regarding the scope of the “actual fraud” exception to an individual debtor’s bankruptcy discharge. In relevant part, Section 523(a)(2)(A) of the Bankruptcy Code prohibits debtors from discharging “any debt . . . for money, property, [or] services . . . to the extent obtained, by . . .

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Bankruptcy, Fraud, Debt, Common law, Bankruptcy discharge, SCOTUS
    Authors:
    Mark Tsukerman
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - LBI Media, Inc.
    2018-11-21

    LBI Media, Inc., along with seventeen affiliates and subsidiaries, has filed a petition for relief under chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 12655).

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Media & Entertainment, Cole Schotz PC, Marketing, Debt, Subsidiary, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , G. David Dean , Myles R. MacDonald
    Location:
    USA
    Firm:
    Cole Schotz PC
    HM Treasury consults on breathing space scheme and statutory debt repayment plan
    2018-11-20

    On 29 October 2018, HM Treasury published a consultation paper on a breathing space scheme and a statutory debt repayment plan, which were both part of the government’s 2017 manifesto commitments.

    Filed under:
    Ireland, Insolvency & Restructuring, Tax, DLA Piper, Bankruptcy, Debtor, Interest, Budget, Debt
    Location:
    Ireland
    Firm:
    DLA Piper
    Treasury publishes responses to call for evidence on implementation of problem debt breathing space scheme
    2018-06-20

    On 19 June 2018, the Treasury published its call for evidence response (Response) in respect of the government’s proposed 2017 manifesto pledge to introduce a ‘breathing space scheme’ for serious problem debt (Scheme).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, DLA Piper, Debt
    Authors:
    Michael McKee
    Location:
    United Kingdom
    Firm:
    DLA Piper
    New Pre-Action Protocol for Debt Claims in force from 1 October 2017. Are you ready?
    2017-06-22

    After a lengthy consultation period, the Pre-Action Protocol for Debt Claims (PAPDC) has now been finalised and will come into force on 1 October 2017. This protocol will apply to lenders who are seeking payment of a debt from an individual/ sole trader, as a debtor or guarantor. Now is the time to update your systems and procedures to accommodate the new protocol requirements.

    What is required?

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, DLA Piper, Credit (finance), Debtor, Consumer protection, Breach of contract, Debt, Consumer Credit Act 1974 (UK)
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Success for LBHI2 and LBL in Supreme Court on Lehman Waterfall I
    2017-05-17

    The Supreme Court's decision in Lehman Waterfall I was handed down this morning. DLA Piper represents one of the successful appellants, Lehman Brothers Limited (in administration) (LBL).

    The court was asked to consider certain issues relating to distributions in the estate of Lehman Brothers International (Europe) (LBIE), an unlimited company in administration. Such issues arose due to a substantial anticipated surplus in LBIE and sought to resolve particular lacunas in UK insolvency legislation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, DLA Piper, Debt, Liability (financial accounting), Liquidation, Liquidator (law)
    Authors:
    Michael Fiddy , Chris Parker
    Location:
    United Kingdom
    Firm:
    DLA Piper

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