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    Bankruptcy Venue Reform Act Seeks to Limit Districts Where Debtors May File
    2018-01-11

    On January 8, 2018, Senators John Cornyn (R-TX) and Elizabeth Warren (D-MA) introduced the Bankruptcy Venue Reform Act of 2017. The bill would require that individual debtors file in the district where their domicile, residence, or principal assets are located, and would require corporate debtors to file in the district in which their principal assets or their principal place of business is located.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hogan Lovells, Bankruptcy
    Location:
    USA
    Firm:
    Hogan Lovells
    Impact of Second Circuit’s Momentive decision on interest rates under Chapter 11
    2017-12-18

    The Second Circuit recently issued its decision on an appeal to the Momentive Performance Materials Inc. (“MPM”) bankruptcy case. Amongst other issues, the Court found that when determining the appropriate interest rate in a Chapter 11 cramdown, courts should consider market factors rather than strictly apply the Till formula. The Court’s decision will benefit secured creditors when a market rate is ascertainable, as they will no longer have to accept below-market take-back debt.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells, Bankruptcy, Secured creditor, Second Circuit, US District Court for the Southern District of New York
    Authors:
    Ronald Silverman
    Location:
    USA
    Firm:
    Hogan Lovells
    Dabbling in Distress: U.S. Supreme Court to Hear Two Important Bankruptcy Issues Next Term
    2017-07-14

    Despite a modest uptick in recent years, it is still a relatively rare occasion for the Supreme Court of the United States to tackle issues involving bankruptcy. This term, however, the Supreme Court has granted certiorari in two bankruptcy appeals that could have important consequences for the financial community. In FTI Consulting, Inc. v. Merit Management Group, LP, the Court will define the parameters of the safe harbor of Bankruptcy Code section 546(e), which excludes certain financial transactions from the debtor’s avoidance powers. In PEM Entities LLC v.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Hogan Lovells, Bankruptcy, Secured creditor, Supreme Court of the United States, United States bankruptcy court
    Authors:
    John D. Beck
    Location:
    USA
    Firm:
    Hogan Lovells
    Foreign-based Companies Considering a U.S. Chapter 11: What You Need To Know
    2017-06-05

    Hogan Lovells partners Chris Donoho and Ron Silverman spoke to DebtWire Radio about current issues concerning cross-border restructurings. They addressed the factors that prompt foreign-based companies to avail themselves of the U.S. Bankruptcy Code in lieu of local insolvency proceedings. They also talked about the hurdles that such companies must overcome to secure a U.S. court’s administration of their Chapter 11 cases.

    How does U.S. Chapter 11 law differ from other foreign insolvency regimes around the world?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Christopher R. Donoho III , Ronald Silverman
    Location:
    USA
    Firm:
    Hogan Lovells
    Third Circuit enforces make-whole premium for secured lenders in Energy Future Holdings bankruptcy
    2017-05-04

    Bond indentures and loan agreements often include make-whole provisions to provide protection to lenders and investors in the event of debt repayment prior to maturity. Make-whole provisions work to compensate the investor/lender for any future interest lost when the issuer/borrower repays the note prior to a specific date.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells, Third Circuit
    Authors:
    Robin E. Keller , Ronald Silverman , John D. Beck , Hali Rachel Katz
    Location:
    USA
    Firm:
    Hogan Lovells
    Landlords: Take Notice!
    2016-06-29

    The decision of the High Court inVanquish Properties (UK) Limited Partnership –v- Brook Street (UK) Limited provides a stark reminder of the strict requirements for serving a valid break notice and the traps into which the unwary can easily fall.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Landlord, Limited liability partnership, Limited partnership
    Authors:
    Paul Tonkin
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Expert evidence in lease renewals worth every pound
    2016-04-12

    A rare High Court decision on an unopposed lease renewal under the Landlord and Tenant Act 1954 has underlined the importance of robust and thorough expert evidence – and the dangers of getting this wrong.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, High Court of Justice (England & Wales)
    Authors:
    Paul Tonkin
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    High Court refuses to create Frankenstein’s lease - tenant cannot assign to guarantors
    2016-03-18

    Landlords have no reason to fear Frankenstein’s monster, following the decision of the High Court in EMI Group Limited v O&H Q1 Limited. The court was considering, once again, the anti-avoidance provisions in the Landlord and Tenant (Covenants) Act 1995. Many will be familiar with the effect of the 1995 Act, which ensures that both tenants and their guarantors are released on assignment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Surety, Landlord, Leasehold estate, EMI, High Court of Justice (England & Wales)
    Authors:
    Katie Dunn
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    TUPE to the rescue? Decision to appoint provisional liquidator might fall within the insolvency exemption
    2016-02-22

    In order to promote a "rescue culture", TUPE says that where the transferring business is the subject of bankruptcy or insolvency proceedings instituted "with a view to the liquidation of the assets of the transferor", the employees will not transfer and any dismissals connected with the transfer are not automatically unfair.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Hogan Lovells, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    A brace of cases on the right to enfranchise
    2016-01-22

    The last two months have seen two key appeals in which the court was required to decide whether the tenant of a particular type of building should enjoy the statutory right to acquire the freehold of a house. This right is enshrined in the Leasehold Reform Act 1967.

    The properties, and the questions for the court in each case, were quite different. What the judgments had in common was a purposive approach to interpretation of the Act.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Leasehold estate
    Authors:
    Tim Reid
    Location:
    United Kingdom
    Firm:
    Hogan Lovells

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