Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Company insolvencies may be rising but let's not get too gloomy
    2022-12-21

    There have been some very gloomy stories in the press over the last week or so about rising company insolvency rates. All rather unwelcome during the season of goodwill.

    Everyone knows that British businesses are facing a hugely difficult time with challenges coming from all directions – including high energy bills, rising interest rates, strikes, geopolitical uncertainty etc. etc.

    But amidst the gloom there are some positives. For example:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Stevens & Bolton LLP, Inflation, Insolvency, Bank of England
    Authors:
    Matthew Padian
    Location:
    European Union, United Kingdom
    Firm:
    Stevens & Bolton LLP
    Leveraged landscape for 2011
    2011-02-09

    The signs for the leveraged finance market in 2011 are mixed. Questions remain as to whether this year will see a fresh spate of restructurings and/or continued growth in primary issuance. Whilst data compiled by Fitch Ratings has shown that European PE backed company default rates slowed in 2010 (and premier league spending during the January transfer window topped £225 million compared with £30 million last year), the primary leveraged finance market has started slowly this year.

    Filed under:
    European Union, Corporate Finance/M&A, Insolvency & Restructuring, Mayer Brown, Bond (finance), Bond market, Market liquidity, Debt, Economy, Maturity (finance), Refinancing, Leveraged buyout, Default (finance), Leverage (finance), Inflation, Basel III
    Authors:
    Neil Caddy
    Location:
    European Union
    Firm:
    Mayer Brown
    The federal law “on clearing and clearing activities” and related amendments to Russian legislation
    2011-03-18

    Background

    Until recently Russian legislation was not familiar with the concept of close-out netting. Although there was no prohibition for market participants to enter into netting agreements, Russian courts would not enforce such agreements in case of bankruptcy. This led to the use of complex structures to avoid the negative consequences of the application of Russian law and was a strong argument in favor of using foreign entities and application of foreign law to derivative transactions.

    Filed under:
    Russia, Insolvency & Restructuring, Herbert Smith Freehills LLP, Contractual term, Bankruptcy, Clearing (finance), Security (finance), Statutory interpretation, Commodity, Inflation, Derivatives market
    Authors:
    Evgeny Zelensky
    Location:
    Russia
    Firm:
    Herbert Smith Freehills LLP
    Impugnabilidad concursal de los acuerdos de refinanciación tras el RD Ley 4/2014
    2014-03-21

    Esta nota tiene por objeto comentar las innovaciones introducidas por el RD Ley 4/2014 en el ejercicio de acciones de reintegración concursal contra o en el seno de acuerdos de refinanciación.

    Filed under:
    Spain, Insolvency & Restructuring, Gomez-Acebo & Pombo Abogados, Legal burden of proof, Inflation
    Location:
    Spain
    Firm:
    Gomez-Acebo & Pombo Abogados
    Too soon for optimism in the leveraged buy-out market?
    2010-08-23

    In light of recent reports released to the market, a lender in the leveraged loan market would be forgiven for indulging in some cautious optimism. New-issuance in July aggregated to €9.5 billion - a 13-month high. The year-to-date leveraged buy-out volume of €10 billion (38 deals) compares favourably with the €2.2 billion of volume (13 deals) for the same period in 2009. Against this backdrop, however, lenders should consider the recently released statistics from the Insolvency Service, and other economic data, which suggest that the economic outlook remains uncertain.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, White & Case, Bond (finance), Credit (finance), Debt, Economic development, Leveraged buyout, Leverage (finance), Inflation, Bank of England
    Authors:
    Jeremy Duffy , Gareth Eagles , Kate Andrews
    Location:
    United Kingdom
    Firm:
    White & Case
    Bankruptcy sale found insufficient to support assessment reduction
    2010-06-18

    Generally the best evidence of a property’s market value is a recent sale price, but that is not always the case. The First District Appellate Court recently ruled in Calumet Transfer LLC v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Franczek Radelet PC, Bankruptcy, Property tax, Limited liability company, Foreclosure, Market value, Inflation
    Authors:
    Ares G. Dalianis , Scott R. Metcalf
    Location:
    USA
    Firm:
    Franczek Radelet PC
    Second Circuit holds that SIPA does not permit an inflation or interest adjustment to “net equity” claims for customer property
    2015-02-27

    In In re Bernard L. Madoff Investment Securities LLC, No. 14-97-bk(L), 2015 WL 727965 (2d Cir. Feb.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Sheppard Mullin Richter & Hampton LLP, Broker-dealer, Inflation, Second Circuit
    Authors:
    Tyler E. Baker
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    Madoff victims denied adjustments for interest and inflation on claims
    2014-01-23

    A New York bankruptcy court has ruled that certain victims of Bernard Madoff’s highly publicized Ponzi scheme are not entitled to adjust their claims to account for inflation or interest. Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities LLC, 496 B.R. 744 (Bankr. S.D.N.Y. 2013). The Madoff Liquidation Trustee brought the motion asking the court to determine that Madoff customers’ “net equity” claims did not include “time-based damages” such as interest and inflation under the Securities Investor Protection Act (“SIPA”).

    Filed under:
    USA, New York, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Chadbourne & Parke LLP, Broker-dealer, Inflation, Pro rata, Natural Resources Defense Council, Securities Investor Protection Corporation, United States bankruptcy court
    Authors:
    Diana A. Sanders
    Location:
    USA
    Firm:
    Chadbourne & Parke LLP
    Federal appeals court in New York approves Picard's calculation method, disappointing so-called "net winners"
    2011-08-23

    In a decision that was not surprising but nevertheless disappointing, the U.S. Court of Appeals for the Second Circuit recently affirmed the order of the U.S. Bankruptcy Court concluding that the “net equity” calculation for distributions back to Madoff victims should be based on the Net Investment Method, the total of actual deposits and withdrawals, and not the last statement amount listed on the final brokerage account statement. As a result, claw back law suits against the inaptly named “net winners” are sure to continue unabated.

    Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Herrick Feinstein LLP, Security (finance), Fraud, Interest, Limited liability company, Liquidation, Market value, Inflation, Brokerage firm, Securities Investor Protection Corporation, Trustee, Second Circuit, United States bankruptcy court
    Authors:
    Howard R. Elisofon , Steven D. Feldman
    Location:
    USA
    Firm:
    Herrick Feinstein LLP
    Another pension plan bites the dust
    2011-08-12

    On Monday, August 8, 2011, United States Bankruptcy Court Judge Mary Walrath ruled that Harry & David Holdings Inc. the Oregon-based gourmet food and gift company, can terminate its pension plan as part of a pre-arranged bankruptcy plan and emerge from bankruptcy free of its accumulated pension liability. The company convinced the court that it had to terminate the plan in order to successfully emerge from bankruptcy.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Porter Wright Morris & Arthur LLP, Bankruptcy, Liability (financial accounting), State-owned enterprise, Defined benefit pension plan, Sponsor (commercial), Inflation, Unilateralism, Pension Benefit Guaranty Corporation, United States bankruptcy court
    Location:
    USA
    Firm:
    Porter Wright Morris & Arthur LLP

    Pagination

    • Current page 1
    • Page 2
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days