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    Commercial relationship did not create a § 523(a)(4) fiduciary
    2011-02-16

    FOLLETT HIGHER EDUCATION GROUP v. BERMAN (January 21, 2011)

    Filed under:
    USA, Illinois, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Shareholder, Debtor, Fiduciary, Advertising, Board of directors, Debt, Brokerage firm, Bankruptcy discharge, United States bankruptcy court, Seventh Circuit
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    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
    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
    Spanish Insolvency Act amendment offers comfort to parties in Sareb transactions
    2013-12-17

    Market participants welcome a clarification extending equitable subordination exemptions granted Sareb to those subsequently purchasing debt from Sareb.

    On November 30, 2013, the Spanish legislator approved a recent amendment to Spanish insolvency law, introduced in March 2013, to clarify that a claim transferred to Spanish “bad bank” Sareb, and subsequently sold by Sareb to a third party, will also be exempt from equitable subordination risk.

    Background

    Filed under:
    Spain, Insolvency & Restructuring, Latham & Watkins LLP, Tax exemption, Credit (finance), Debtor, Debt
    Authors:
    Ignacio Pallarés , John Houghton , Javier López Antón , Fernando Colomina Nebreda
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    Decree Law No. 78 of 31 May 2010 as converted by Law No. 122 of 30 July 2010: additional changes to Italian bankruptcy law
    2011-02-28

    Italian bankruptcy law — Royal Decree No. 267 of 16 March 1942 — (the Bankruptcy Law) underwent a substantial reform between 2005 and 20091, mainly aimed at introducing (i) a more efficient regulation of the pre-bankruptcy agreement procedure (concordato preventivo)2 and (ii) new pre-bankruptcy schemes of arrangements, in the form of the out-of-court debt restructuring plan (piano attestato di risanamento)3 and the debt restructuring agreement (accordo di ristrutturazione dei debiti)4.

    Filed under:
    Italy, USA, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Shareholder, Debtor, Debt, Debt restructuring, Bridge loan, Credit crunch
    Authors:
    Andrea Novarese , Maria Cristina Storchi
    Location:
    Italy, USA
    Firm:
    Latham & Watkins LLP
    Quebecor decision: capital markets transactions protected in bankruptcy safe harbor
    2013-07-18

    Second Circuit’s Quebecor bankruptcy decision offers comfort to capital markets participants that certain transactions will qualify for the Section 546(e) safe harbor.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Security (finance), Commercial paper, Enron, Second Circuit
    Location:
    USA
    Firm:
    Latham & Watkins LLP

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