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    How to claim debt before club is insolvent?: Financial Times Q&A
    2011-07-27

    The following question was published in the Financial Times on 23 July 2011 and answered by Richard Curtin, a lawyer in the London office of Faegre & Benson LLP.

    I run a food and drinks company supplying products to football clubs.  But we recently heard that one of the clubs we supply will probably go into liquidation very soon and we are concerned that we may not receive the money we're owed by it. Is there any action we can take now to make sure we are credited if and when the club becomes insolvent?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Faegre Baker Daniels LLP, Credit (finance), Solicitor, Limited liability partnership, Debt, Liquidation, Liquidator (law), Unsecured creditor
    Authors:
    Richard Curtin
    Location:
    United Kingdom
    Firm:
    Faegre Baker Daniels LLP
    Clarification on the application of TUPE to administrations
    2011-02-28

    The Employment Appeal Tribunal (EAT) held in OTG Ltd v Barke (2011 UKEAT) that TUPE will apply to transfer employees when a company goes into administration, including on a pre-pack administration. This decision overturns the leading case of Oakland v Wellswood (Yorkshire) Ltd, which found that TUPE did not apply to "pre-packs".

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Faegre Baker Daniels LLP, Debt, Liquidation, Precondition, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal
    Authors:
    Alex Denny , Victoria Pengelly
    Location:
    United Kingdom
    Firm:
    Faegre Baker Daniels LLP
    Court of Appeal decision changes treatment of rent in administrations and liquidations
    2014-02-28

    Earlier this week, the English Court of Appeal overturned the recent decisions in Goldacre (Goldacre (Offices) Ltd v Nortel Networks UK Ltd [2009] EWCH 3389 (Ch);2011 Ch 455) and Luminar (Leisure (Norwich) II Ltd v Luminar Lava Ignite [2012] EWCH 951 (Ch)) regarding the treatment of rent in an administration.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Litigation, Real Estate, Faegre Baker Daniels LLP, Court of Appeal of England & Wales
    Authors:
    Mary Shields
    Location:
    United Kingdom, USA
    Firm:
    Faegre Baker Daniels LLP
    Dismissals by administrator of insolvent business were not automatically unfair
    2013-11-27

    In Crystal Palace FC Ltd v Kavanagh & Ors [2013] EWCA Civ 1410, the Court of Appeal considered whether dismissals made by an administrator to keep a business alive with the ultimate aim of selling it were automatically unfair under TUPE, in which case liability would pass to the buyer. 

    Filed under:
    United Kingdom, USA, Employment & Labor, Insolvency & Restructuring, Litigation, Faegre Baker Daniels LLP, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Authors:
    Alex Denny , Victoria FitzGerald , Emma Vennesson
    Location:
    United Kingdom, USA
    Firm:
    Faegre Baker Daniels LLP
    Supreme Court decides "Anna Nicole Smith bankruptcy case": Stern v. Marshall
    2011-06-23

    On June 22, 2011, the Supreme Court decided Stern v. Marshall, No. 10-179, holding that the Bankruptcy Court had the statutory authority under 28 U.S.C. § 157(b)(2)(C) to enter judgment on a counterclaim that the bankruptcy estate of Vickie Lynn Marshall (a/k/a Anna Nicole Smith) asserted against E.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Faegre Baker Daniels LLP, Bankruptcy, Fraud, Tortious interference, Defamation, Remand (court procedure), Title 11 of the US Code, US Constitution, Article III US Constitution, Supreme Court of the United States, Ninth Circuit, United States bankruptcy court
    Authors:
    Charles F. Webber
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP
    Buyers in pre pack are responsible for liabilities arising post TUPE transfer
    2011-06-30

    The Employment Appeal Tribunal (EAT) has held inPressure Coolers Ltd v Molley UKEAT/0272/10 that when a transferor under TUPE is subject to insolvency proceedings not instituted with a view to liquidating the transferor's assets, the Secretary of State will only meet employment liabilities that arise before the transfer.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Faegre Baker Daniels LLP, Discrimination, Liability (financial accounting), Liquidation, Unfair dismissal, Precondition, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK), Employment Appeal Tribunal
    Authors:
    Anna Byford , Alex Denny , Victoria Pengelly
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP
    Supreme Court decides United States v. Quality Stores, Inc.
    2014-03-25

    On March 24, 2014, the U.S. Supreme Court issued its decision in United States v. Quality Stores, Inc.,No. 12-1408, holding that severance payments made to employees terminated in connection with a company's Chapter 11 bankruptcy plan are taxable wages under the Federal Insurance Contributions Act (FICA).

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Tax, Faegre Baker Daniels LLP, Federal Insurance Contributions Act tax
    Authors:
    Bruce Jones , Trina K. Taylor
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP
    Supreme Court decides Law v. Siegel
    2014-03-04

    On March 4, 2014, the United States Supreme Court decided Law v. Siegel, No. 12-5196. The Court held that the bankruptcy court violated the express terms of § 522 of the Bankruptcy Code when it ordered that the $75,000 protected by a debtor's homestead exemption be available to pay a trustee's attorney's fees as an administrative expense. The order exceeded the limits of the bankruptcy court's authority under § 105(a) of the Code and its inherent powers.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Faegre Baker Daniels LLP, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Jon Laramore , Harmony A. Mappes
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP
    Supreme Court decides Bullock v. BankChampaign, N. A.
    2013-05-13

    On May 13, 2013, the Supreme Court decided Bullock v. BankChampaign, N.A., No. 11-1518. Under 11 U.S.C.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Faegre Baker Daniels LLP, Fiduciary
    Authors:
    John R. Burns , Bradford E. Dempsey , Jon Laramore , Harmony A. Mappes
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP
    Can I restart failed business?
    2012-08-15

    I am the director of a corporate hospitality agency that has become insolvent.  I still have a lot of goodwill with my clients and am keen not to lose the book of contacts I have built up in this industry.  Can you tell me whether there is anything to stop me from forming a new company from the remains of my failed business and opening up again under a different name?

    Filed under:
    USA, Insolvency & Restructuring, Faegre Baker Daniels LLP
    Authors:
    Sarah McLennan
    Location:
    USA
    Firm:
    Faegre Baker Daniels LLP

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