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    Lenders Cannot Prevent Borrowers From Filing Bankruptcy By Owning Minority Equity With Veto Power Over Borrower’s Decision To File Bankruptcy
    2016-06-30

    In a recent decision, the U.S. Bankruptcy Court for the District of Delaware refused to enforce a provision in the debtor’s LLC operating agreement requiring a unanimous vote of the debtor’s members to authorize the debtor to file for bankruptcy. In re Intervention Energy Holdings, LLC, et al., 2016 Bankr. LEXIS 2241 (Bankr. D. Del. June 3, 2016).

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Debtor, Waiver, Limited liability company, Holding company, Default (finance), Secured creditor, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Robert Sahyan
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Chapter 13 Trustee Must Return Funds to Debtor Following Dismissal of Case
    2016-07-05

    What happens to funds held by a Chapter 13 trustee (the “Trustee”) in the event that a Chapter 13 debtor dismisses her case voluntarily? That’s the question that was addressed by the United States Bankruptcy Court for the Eastern District of Michigan (the “Court”) in a recent opinion.1

    In this case, the Chapter 13 debtor (the “Debtor”) owned a residence with significant equity. The Court confirmed a plan pursuant to which the Debtor would retain her residence and make monthly payments to the Trustee in the amount of $8,500.75 for 60 months.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Debtor, Unsecured debt, Motion to compel, Default (law), Default (finance), Voluntary dismissal, Title 11 of the US Code, Trustee, Supreme Court of the United States, United States bankruptcy court, US District Court for Eastern District of Michigan
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Federal Reserve Proposed Rule Imposes New Restrictions on Exercise of Default Rights Under Qualified Financial Contracts
    2016-06-22

    The Board of Governors of the Federal Reserve System (the "Federal Reserve") recently issued a proposed rule (the "Proposed Rule") that would significantly limit derivative counterparty remedies upon the insolvency of US global systematically important banking organizations ("GSIB") and their affiliates and the US operations of foreign GSIBs (collectively, "Covered Entities").

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Default (finance), Federal Reserve (USA), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Lookback Period - Twelve Weeks (pt 3)
    2016-05-26

    When Can a Subsidiary Be Liable for the Actions of Its Owners?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Debtor, Fiduciary, Interest, Debt, Maturity (finance), Default (finance), Bankruptcy discharge, Fifth Circuit, Tenth Circuit
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Default Interest Rates are Presumed Reasonable Under Sec. 506(b), and a Bankruptcy Court May Not Use the Fair and Equitable Language of Sec. 1129(b) to Conclude Otherwise
    2016-05-24

    The Ninth Circuit BAP recently discussed on appeal the issue of whether a bankruptcy court may use the “fair and equitable” standard for confirmation in § 1129(b) to deny an oversecured creditor default interest on its claim to which it would otherwise be entitled under § 506(b). In Wells Fargo Bank, N.A. v. Beltway One Development Group, LLC (In re Beltway One Development Group, LLC), 547 B.R. 819 (9th Cir.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Holland & Hart LLP, Debtor, Interest, Default (finance), Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Holland & Hart LLP
    Commercial Landlords: Don’t Terminate That Defaulting Lease Yet!
    2016-05-19

    Smart Summary for Commercial Landlords

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kegler Brown Hill + Ritter, Bankruptcy, Debtor, Commercial property, Landlord, Leasehold estate, Default (finance), United States bankruptcy court
    Authors:
    Larry J. McClatchey
    Location:
    USA
    Firm:
    Kegler Brown Hill + Ritter
    Hosking v Apax Partners LLP (unreported - 19 July 2016)
    2016-07-27

    The English Court refused an application by Liquidators to stay English proceedings pending the outcome of similar proceedings in the US.

    The Joint Liquidators of a Luxembourg company ("the Company") applied to stay English proceedings that they had brought against private equity investors ("the Defendants") until similar proceedings in the US had been resolved, or for three months to enable the Liquidators to raise finance for the litigation.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Private equity, Fraud, Limited liability partnership, Personal jurisdiction, Debt, Involuntary dismissal, Refinancing, Default (finance), Insolvency Act 1986 (UK)
    Authors:
    Alan Bennett , Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Events of Default clauses - practical issues to consider
    2016-07-18

    Most trading contracts contain specific terms setting out the consequences of a counterparty insolvency or other default. This article explores whether, and in what circumstances, it may be sensible to invoke rights under such clauses or whether it can be better to adopt a more “wait and see” attitude. We also look at drafting options prior to finalising contract terms.

    When considering how to respond to a counterparty event of default (EOD), relevant considerations will include potential consequences:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Shipping & Transport, HFW, Brexit, Renewable energy, Commodity, Coal, Default (finance), Electricity generation
    Authors:
    Sarah Taylor
    Location:
    United Kingdom
    Firm:
    HFW
    Turmoil in the North Sea - An IP’s Practice Guide
    2016-07-05

    Until recently the oil and gas sector has not been on the restructuring communities radar. However, last year global oil prices hit an all-time low, which led to a record number of insolvencies in the industry. Consequently in conjunction with Lexis Nexis we have produced the Guide to insolvency in the UK oil and gas industry.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Squire Patton Boggs, Natural gas, Joint venture, Fossil fuel, Economy, Default (finance), LexisNexis
    Authors:
    Susan Kelly , Ben Holland , Caroline Castle
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Marme Inversiones 2007 S.L. v The Royal Bank of Scotland et al [2016] EWHC 1570 (Comm)
    2016-07-08

    The UK Commercial Court has dismissed the Claimant's application for a stay under Article 28 of the Judgments Regulation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ashfords LLP, Commercial property, Interest, Swap (finance), Liquidation, Cashflow, Default (finance), Exclusive jurisdiction, Stay of execution, The Royal Bank of Scotland, High Court of Justice (England & Wales)
    Authors:
    Emma Clayton
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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