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    In re Velo Holdings, Inc.
    2013-12-17

    The Bankruptcy Court for the Southern District of New York recently held that a state’s post-confirmation investigation of a debtor’s post-confirmation conduct does not violate a plan confirmation order that enjoins actions against the debtor.  In re Velo Holdings, Inc. et al., 500 B.R. 693 (Bankr. S.D.N.Y. 2013).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Injunction, Subpoena, Competition and Consumer Act 2010 (Australia), United States bankruptcy court
    Authors:
    Kevin M. Hembree
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Court holds that a bankruptcy termination provision that subordinates an in-the-money debtor’s right to a distribution may be an unenforceable ipso facto provision
    2011-06-16

    In Lehman Brothers Special Financing, Inc. v. Ballyrock ABS CDO 2007-1 Limited (In re Lehman Brothers Holdings, Inc.), Adv. P. No. 09-01032 (JMP) (Bankr. S.D.N.Y. May 12, 2011) [hereinafter “Ballyrock”], the United States Bankruptcy Court for the Southern District of New York held that a contractual provision that subordinates the priority of a termination payment owing under a credit default swap (CDS) to a debtor in bankruptcy, and which caps the amount of the termination payment, may be an unenforceable ipso facto clause under section 541(c)(1)(B).

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Debtor, Injunction, Statutory interpretation, Safe harbor (law), Swap (finance), Liquidation, Default (finance), Credit default swap, Title 11 of the US Code, Lehman Brothers, United States bankruptcy court, US District Court for SDNY
    Authors:
    Dennis J. Connolly , David A. Wender , Jason H. Watson , William S. Sugden , John C. Weitnauer (Kit) , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP
    New insolvency regime for Dubai World and its subsidiaries
    2009-12-16

    On 14 December 2009, the same day on which Nakheel, a Dubai World subsidiary, was due to make payment under its 2009 sukuk, the Government of Dubai announced that it had received support from the Government of Abu Dhabi and the UAE Central Bank and would pay the US$4.1 billion due. It also announced that it had secured funding of an additional US$5.9 billion to be used to meet “interest expenses and working capital [of Dubai World] through April 30, 2010 – conditioned on the company being successful in negotiating a standstill”.

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Dentons, Debtor, Injunction, Liquidation, Subsidiary, Exclusive right, Dubai International Financial Centre, Court of Appeal of England & Wales
    Location:
    United Arab Emirates
    Firm:
    Dentons
    Motions for omnibus objections to claims against Lehman Brothers Holdings Inc. and associated debtors filed with the US Bankruptcy Court
    2010-05-26

    On 18 May 2010, Lehman Brothers Holdings Inc. and its associated debtors (together, the "Debtors") filed a further six omnibus objections to claims filed in their Chapter 11 proceedings with the US Bankruptcy Court (the "Objections"). The Objections contain orders prepared by the Debtors on behalf of the US Bankruptcy Court which, if granted, will enable the Debtors to disallow and expunge the claims identified in each of the Objections from the register of claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, Injunction, Liability (financial accounting), Estoppel, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    US Third Circuit further defines bankruptcy courts’ ability to enjoin actions between non-debtor affiliates and third parties
    2010-03-11

    In a decision that reaffirms its previous rulings on the jurisdictional limits of bankruptcy courts, the US Court of Appeals for the Third Circuit recently held in W.R. Grace & Co. v. Chakarian (In re W.R. Grace & Co.)1 that bankruptcy courts lack subject matter jurisdiction over third-party actions against non-debtors if such actions could affect a debtor’s bankruptcy estate only following the filing of another lawsuit.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, Injunction, Negligence, Subject-matter jurisdiction, Exclusive jurisdiction, US Code, Title 11 of the US Code, US Constitution, United States bankruptcy court, Third Circuit
    Authors:
    Brian Trust , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    District court holds that a bankruptcy action’s automatic stay, and the bankruptcy's court's power to enjoin violations of the stay, applied extraterritorially
    2012-11-30

    Sec. Investor Prot. Corp. v. Bernard L. Madoff Inv. Secs., 474 B.R. 76 (2012)

    The trustee for the Securities Investor Protection Act ("SIPA") liquidation of Bernard L. Madoff Investment Securities LLC ("BLMIS") filed a complaint in the bankruptcy court against Maxam Absolute Return Fund Ltd. ("Maxam"), seeking the return of about $100 million distributed to Maxam by BLMIS.  Maxam answered the complaint and then sued the trustee in the Cayman Islands seeking a declaration that it was not required to return the money. 

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker McKenzie, Bankruptcy, Debtor, Injunction, Extraterritoriality
    Authors:
    David Zaslowsky , Grant Hanessian
    Location:
    USA
    Firm:
    Baker McKenzie
    Restraining the sale of land by receivers - when will courts grant an injunction?
    2014-01-31

    In the case of Bosi Security Services Ltd v Wright [2013] WASC 431, in which the court granted an interlocutory injunction preventing the sale of land by receivers despite acknowledging that the applicants’ case under the Trade Practices Act and Australian Consumer Law was not a strong one and had obvious deficiencies.

    Facts

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Real Estate, Corrs Chambers Westgarth, Injunction, Australian Consumer Law
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    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
    Dubai government releases details of a tailor-made restructuring process
    2010-01-18

    At the same time as announcing that the Nakheel sukuk due for repayment on 14 December would be repaid in full, the Dubai government stated that it would pass a reorganisation law for the Dubai World group in case that group is unable to achieve an acceptable restructuring of its remaining obligations. The details of that new law have now been released in the form of Dubai Decree No. 57 for 2009 (the Decree).

    The Decree is significant in two respects:

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Herbert Smith Freehills LLP, Injunction, Debt, Common law, Dubai International Financial Centre
    Authors:
    Stuart Paterson
    Location:
    United Arab Emirates
    Firm:
    Herbert Smith Freehills LLP
    High Court confirms position in relation to the payment of rent by a company in administration
    2010-01-11

    The High Court has ruled in the case of Goldacre (Offices) Limited v Nortel Networks UK Limited (in administration) [2009] that rent for premises that continue to be used for the beneficial outcome of an administration must be paid as an expense of the administration. This decision confirms that the court has no discretion in these circumstances and that it does not matter if only part of the premises are being used. This contrasts with the position where a landlord wishes to take action against a tenant in administration such as bringing forfeiture or injunction proceedings.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Herbert Smith Freehills LLP, Unsecured debt, Injunction, Landlord, Leasehold estate, Asset forfeiture, Court of Appeal of England & Wales, High Court of Justice
    Authors:
    Matthew Bonye
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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