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    First Circuit Holds that Fifth Amendment Takings Claims Must be Paid in Full
    2022-09-08

    The U.S. Court of Appeals for the First Circuit recently ruled in the Puerto Rico bankruptcy case that Fifth Amendment takings claims cannot be discharged or impaired by a bankruptcy plan. As a matter of first impression in that circuit, the Court disagreed with the Ninth Circuit and held that former property owners affected by prepetition takings must be paid in full.

    In re Fin. Oversight & Mgmt. Bd., 41 F.4th 29 (1st Cir. 2022)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, US Congress, Supreme Court of the United States, Ninth Circuit
    Authors:
    Shmuel Vasser , David A. Herman , Isaac D. Stevens
    Location:
    USA
    Firm:
    Dechert LLP
    A Modified Countryman Test for Multi-party Executory Contracts
    2022-08-22

    In a recent decision, the Court of Appeals for the Fifth Circuit held that an agreement between a debtor, a surety, and third-party beneficiaries was not an executory contract and, thus, was ineligible to pass-through the bankruptcy unaffected. The Fifth Circuit, however, adopted a modified Countryman test for muti-party executory contracts. Matter of Falcon V, L.L.C., 2022 WL 3274174 (5th Cir. 2022).

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    Houst Limited Restructuring Plan: High Court Sanctions SME Restructuring Plan to Cram Down HMRC
    2022-08-22

    On 22 July 2022, the English High Court sanctioned Houst Limited’s (“Houst” or the “Company”) restructuring plan (the “Restructuring Plan”), which significantly, is the first time a Restructuring Plan has been used to cram down HM Revenue & Customs (“HMRC”) as preferential creditor.1

    Background

    Filed under:
    USA, Insolvency & Restructuring, Tax, Trade & Customs, Dechert LLP, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Alastair Goldrein , Solomon J. Noh , Adam Plainer , Eirene Psomas , Kay Morley
    Location:
    USA
    Firm:
    Dechert LLP
    European Restructuring Outlook: Considerations for Lenders
    2022-07-08

    Journal of Corporate Renewal 16 June 2022 EUROPEAN Restructuring Outlook: CONSIDERATIONS FOR LENDERS BY TAYYIBAH ARIF, COUNSEL & OLA MAJIYAGBE, ASSOCIATE, DECHERT LLP As Europe prepared to emerge from the COVID-19 pandemic and navigate the resultant uncertain economic environment, Russia invaded Ukraine in February 2022, plunging the continent into disarray once again. The unprecedented pandemic followed on the heels of Brexit, which itself will have lasting impact on the region.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Dechert LLP, Corporate governance, Brexit, Private equity, Supply chain, Coronavirus
    Location:
    European Union, United Kingdom
    Firm:
    Dechert LLP
    Leverage may be a sufficient benefit to justify the making of a winding up order - new ruling by the Hong Kong Court of Final Appeal
    2022-06-20

    Creditors seeking to enforce an undisputed debt against a solvent foreign non-Hong Kong company in the courts of Hong Kong will welcome the recent judgment of the Court of Final Appeal (CFA) in Shandong Chenming Paper Holdings Limited v Arjowiggins HKK 2 Limited [2022] HKCFA 11, as the CFA helpfully backs a broader and more commercially holistic interpretation of a key tenet relating to how Hong Kong courts approach certain threshold assessments involving winding up petitions brought by creditors in Hong Kong against foreign incorporated companies.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Dechert LLP
    Authors:
    Daniel Margulies , Dirk Behnsen , Yang Zhao
    Location:
    Hong Kong
    Firm:
    Dechert LLP
    Texas Two Step is Alive and Well
    2022-03-02

    The Bankruptcy Court for the District of New Jersey denied motions to dismiss the chapter 11 case of the newly created subsidiary of Johnson & Johnson, LTL Management LLC, and granted the debtor’s motion to stay prosecution of actions asserting talc related personal injuries against its J&J affiliates and the products distributors. This is the first opinion outside the North Carolina bankruptcy court approving the use of the so-called Texas Two Step as a bankruptcy execution strategy.

    The Motions to Dismiss

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy
    Authors:
    Shmuel Vasser , Stephen Wolpert
    Location:
    USA
    Firm:
    Dechert LLP
    Smile Telecoms Restructuring Plan: Court grants convening application excluding “out of the money” creditor and shareholder classes from voting on the plan
    2022-01-12

    On 12 January 2022, the English High Court granted Smile Telecoms Holdings Limited’s (“Smile” or the “Company”) application to convene a single meeting of plan creditors (the super senior creditors) to vote on the Company’s proposed restructuring plan (the “Restructuring Plan”). It is the first plan to use section 901C(4) of the Companies Act 2006 (“CA 2006”) to exclude other classes of creditors and shareholders from voting on the Restructuring Plan on the basis that they have no genuine economic interest in the Company. 

    Background 

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Telecoms, Dechert LLP
    Authors:
    Adam Plainer , Solomon J. Noh , Alastair Goldrein , Kay Morley , Tayyibah Arif , Eirene Psomas
    Location:
    United Kingdom
    Firm:
    Dechert LLP
    Amicus Finance plc (in administration): High Court sanctions first mid-market restructuring plan, despite the opposition of secured creditor
    2021-12-24

    On the 19th of August 2021, the English High Court sanctioned a Part 26A restructuring plan proposed by the administrators of Amicus Finance plc (in administration) (“Amicus”) for the company’s solvent exit from administration, enabling the company to be rescued as a going concern (the “Restructuring Plan”).

    Filed under:
    European Union, United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Public, Dechert LLP, Brexit, Crowdfunding, Coronavirus
    Authors:
    Alastair Goldrein , Kay Morley , Solomon J. Noh , Adam Plainer , Tayyibah Arif , Eirene Psomas
    Location:
    European Union, United Kingdom
    Firm:
    Dechert LLP
    Avoiding an Out-of-Court Restructuring May Breach Fiduciary Duties
    2021-12-02

    Key Takeaways

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Dechert LLP
    Authors:
    Shmuel Vasser , Owen Haney
    Location:
    USA
    Firm:
    Dechert LLP
    European Restructuring Update: France Introduces New Accelerated Safeguard Proceedings
    2021-11-12

    Summary

    Filed under:
    European Union, United Kingdom, USA, Insolvency & Restructuring, Public, Dechert LLP, Brexit
    Authors:
    Adam Plainer , Kay Morley , Sabina Comis , Privat Vigand
    Location:
    European Union, United Kingdom, USA
    Firm:
    Dechert LLP

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