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    Update on Lehman Brothers insolvency proceedings in the US, UK and Japan
    2008-10-07

    Sale Hearing

    On September 20, 2008, the Bankruptcy Court approved the sale of certain assets of Lehman Brothers Holdings Inc. ("LBHI") and Lehman Brothers Inc. ("LBI"),1 including those related to its Canadian Capital Markets and Investment Banking businesses, to Barclays Capital, Inc. ("Barclays"). The sale was approved despite the filing of over 80 objections raising a number of procedural and substantive issues. The Purchase and Sale Agreement was subsequently amended, and a clarifying letter filed, to address a number of the questions and concerns raised.

    Filed under:
    Japan, United Kingdom, USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Locke Lord LLP, Bankruptcy, Debtor, Private equity, Discovery, Swap (finance), Investment banking, Due process, Good faith, Barclays, JPMorgan Chase, Lehman Brothers, Title 11 of the US Code, United States bankruptcy court
    Location:
    Japan, United Kingdom, USA
    Firm:
    Locke Lord LLP
    Right to disclosure of bookkeeping limited by purpose
    2016-05-17

    In the event of bankruptcy, creditors are entitled to disclosure of the bookkeeping of the estate under certain conditions. In its decision dated 8 April 2016 (ECLI:NL:HR:2016:612), the Dutch Supreme Court ruled that this right is limited and depends on the purpose of the disclosure. Creditors are not entitled to disclosure if the purpose is to retrieve information to support their claim against a third party.

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Litigation, Stibbe, Bankruptcy, Discovery, Supreme Court of the Netherlands
    Authors:
    Petra Vos
    Location:
    Netherlands
    Firm:
    Stibbe
    JSC BTA Bank v A [2010] EWCA Civ 1141: appointment of a receiver
    2011-06-08
    1. Introduction

    Most reading this will know that freezing orders are granted to prohibit defendants from disposing of or dissipating their assets in a way that will prevent the claimant from enforcing any judgment he obtains. If the defendant disobeys, he is at risk of contempt. But the primary purpose of contempt is to punish the defendant. Many claimants will simply be concerned to ensure that the defendant’s money is frozen.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Injunction, Breach of contract, Discovery, Holding company, Contempt of court, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Cost on discontinuance of claim
    2010-07-15

    This article was written by Greg Standing, partner in Wragge & Co LLP's finance, insolvency, recoveries and sales team and published in the July issue of Motor Finance.

    When a claimant discontinues its claim, the usual position is that it has to pay the defendant's reasonable legal costs. This is the general presumption under the Civil Procedure Rules and applies unless there is good reason for it not to.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Discovery, Legal burden of proof, Court costs, Public limited company, Civil Procedure Rules (UK), Consumer Credit Act 1974 (UK)
    Authors:
    Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Unless orders – disclosure of assets
    2007-09-04

    In Lexi Holdings plc v Luqman and others – Butterworths Law Direct 17.8.07 the claimant company (the company), by its joint administrators, commenced proceedings against the first Defendant and his family, including the fifth Defendant. The company successfully applied without notice for freezing orders against the fifth Defendant.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Reed Smith LLP, Discovery, Public limited company, Non-disclosure agreement, Common Gateway Interface, Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Post-Petition Interest in a Solvent Case: What Interest Rate Controls?
    2016-08-18

    In today's low interest rate environment, the difference between a contractual interest rate and the federal judgment rate can be quite significant. It is not surprising, therefore, that this issue has become hotly litigated in cases involving solvent Chapter 11 debtors. Recently, the U.S. District Court for the Northern District of Illinois, in Colfin Bulls Funding A v. Paloian (In re Dvorkin Holdings), 547 B.R. 880 (N.D. Ill.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Duane Morris LLP, Bankruptcy, Debtor, Unsecured debt, Interest, Discovery, Default (finance), US Congress, The Legal Intelligencer, United States bankruptcy court, US District Court for Northern District of Illinois
    Authors:
    Rudolph J. Di Massa, Jr. , Lawrence J. Kotler , Catherine B. Heitzenrater
    Location:
    USA
    Firm:
    Duane Morris LLP
    GM’s Ignition Switch Litigation Woes Continue
    2016-08-09

    “Just when I thought I was out…they pull me back in.” That must be what GM’s executives (and counsel) were thinking when the Second Circuit handed down its recent decision overturning portions of the 2015 Bankruptcy Court decision that could have immunized the “New GM” from “Old GM’s” liability related to the ignition switch recall of 2014. The decision also calls into question the 2009 sale order as a potential violation of the victims’ due process rights.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Husch Blackwell LLP, Bankruptcy, Debtor, Injunction, Class action, Discovery, Due process, General Motors, US Code, Second Circuit, United States bankruptcy court
    Authors:
    Shannon D. Peters
    Location:
    USA
    Firm:
    Husch Blackwell LLP
    Improper Use of Contract Attorneys, Failure to Disclose Terms - This Case Has It All
    2016-07-18

    Estate professionals are under continued scrutiny. Unlike other professionals, getting paid is not simply a matter of sending a bill. The bankruptcy court, appropriately so, closely oversees the amount and timing of payment of estate professional fees. And proper disclosure under the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”) is critical for all estate professionals.

    Filed under:
    USA, Insolvency & Restructuring, Legal Practice, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Regulatory compliance, Bankruptcy, Debtor, Independent contractor, Discovery, Legal burden of proof, Constitutional amendment, US Code, United States bankruptcy court, US District Court for District of Columbia
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    District Court Denys Interlocutory Appeal of Protective Order
    2016-07-19

    In the latest decision to emanate from the Madoff bankruptcy, the United States District Court for the Southern District of New York denied the appeal of a protective order that relieved Irving Picard—the court-appointed trustee—from answering discovery requests regarding his compensation arrangement with his law firm.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Injunction, Discovery, Due process, Liquidation, Substantial similarity, Due Process Clause, Trustee, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Court Finds that Absolute Priority Rule Applies in Individual Chapter 11 Cases
    2016-07-13

    While the majority of the cases covered by the Weil Bankruptcy Blog address issues arising in corporate restructurings, cases concerning individual debtors often offer interesting insights into the history and meaning of various provisions of the Bankruptcy Code.

    Filed under:
    USA, Georgia, Insolvency & Restructuring, Litigation, Real Estate, Weil Gotshal & Manges LLP, Bankruptcy, Debtor, Unsecured debt, Discovery, Holding company, Pro rata, Small Business Administration (USA), Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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