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    Credit bidding after Philadelphia Newspapers: dissent 1, majority 0
    2010-10-29

    Bankruptcy lawyers who are regularly involved in distressed m&a deals have been wondering for the past few months about the potential fallout from Philadelphia Newspapers.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Credit (finance), Debtor, Dissenting opinion, Majority opinion, Secured loan, United States bankruptcy court, Third Circuit, Seventh Circuit, US District Court for Northern District of Illinois
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    The statutory demand minefield: lessons from recent set aside applications
    2015-06-25

    Key Points:

    These three cases illustrate that strict compliance with legislative requirements continues to be imperative when serving statutory demands.

    Despite what appears to be a fairly straightforward legislative regime, creditors' statutory demands appear to generate an entirely disproportionate volume of litigation in the courts. The drastic consequences of failing to comply with a creditor's statutory demand warrant very strict compliance by creditors with the technical requirements of the regime.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Debtor
    Authors:
    Svetlana Zarucki
    Location:
    Australia
    Firm:
    Clayton Utz
    Cross-border insolvency and ancillary relief
    2014-03-11

    The UNCITRAL Model Law on Cross-Border Insolvency is designed to supplement States' insolvency laws with a framework to address cross-border insolvency proceedings.

    Filed under:
    Australia, British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Clayton Utz, Debtor, Liquidation, UNCITRAL
    Authors:
    Matthew Wilson
    Location:
    Australia, British Virgin Islands
    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
    Retention of title as a defence to an unfair preference claim
    2011-05-20

    In the recent case of Dwyer & Ors and Davies & Ors v Chicago Boot Co Pty Ltd [2011] SASC 27, Chicago Boot claimed that certain payments made to it by two insolvent companies were not unfair preference payments, because of, amongst other defences, the purported application of a retention of title clause in relation to the supply of goods by Chicago Boot.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Clayton Utz, Debtor, Unsecured debt, Interest, Debt, Liquidation, Liquidator (law), Title retention clause, Corporations Act 2001 (Australia), SCOTUS
    Authors:
    Paul James
    Location:
    Australia
    Firm:
    Clayton Utz
    Marshalling the troops when debtors become insolvent: A refresher on the equitable doctrine of marshalling
    2019-10-31

    The equitable doctrine of marshalling can protect the security interests of subordinate secured creditors when a debtor becomes insolvent.

    Marshalling is a neglected tool in the insolvency toolbox, but it can play an important role in protecting the security interests of subordinate secured creditors.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Real Estate, Clayton Utz, Debtor
    Authors:
    Jonathon McRostie
    Location:
    Australia
    Firm:
    Clayton Utz
    Practical issues of private international law arising in cross-border insolvencies
    2019-07-19

    Forum bias, along with some technical issues, are still challenges in cross-border insolvencies in Australia

    Just over ten years ago, Lehman Brothers filed for bankruptcy in the US, which turned out to be one of the largest cross-border insolvency cases in history.

    Last year also marks:

    Filed under:
    Australia, Global, United Kingdom, USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Bankruptcy, Debtor
    Authors:
    Karen O'Flynn
    Location:
    Australia, Global, United Kingdom, USA
    Firm:
    Clayton Utz
    New DIFC Insolvency Law: 4 Key Features
    2019-07-02

    Legislation seeks to balance debtor and creditor needs and help businesses and investors operate with confidence in the Middle East.

    On 11 June 2019, the Dubai International Financial Centre (DIFC) introduced a new insolvency law (DIFC Insolvency Law No. 1 of 2019 and associated DIFC Insolvency Regulations 2019), which became effective on 13 June. 

    Filed under:
    Global, USA, Insolvency & Restructuring, Latham & Watkins LLP, Debtor
    Location:
    Global, USA
    Firm:
    Latham & Watkins LLP
    Third-party non-debtor releases in the Second Circuit
    2012-06-12

    Between 2008 and 2010, the Second Circuit Court of Appeals (the Second Circuit) revisited the circumstances under which it would approve third-party non-debtor releases in Chapter 11 plans of reorganization. Traditionally, the Second Circuit found such releases to be appropriate if the bankruptcy case had certain special — “unique” — circumstances.1 InIn re Johns-Manville Corp., 517 F.3d 52 (2d. Cir.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Conflict of laws, Debtor, Injunction, Subject-matter jurisdiction, Second Circuit, United States bankruptcy court, Fifth Circuit
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Tax Exemption Offers Relief in the German Restructuring Market
    2018-11-23

    German legislator finally introduces tax exemption for income resulting from debt waivers in restructuring scenarios with retroactive effect.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Latham & Watkins LLP, Tax exemption, Debtor, Waiver, Limited liability partnership
    Authors:
    Frank Grell , Jörn Kowalewski
    Location:
    Germany
    Firm:
    Latham & Watkins LLP

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