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    The Ontario Court of Appeal’s decision in re Indalex Limited – enhanced pension deemed trusts, enhanced priority and breach of fiduciary duty in liquidating CCAAs
    2011-04-13

    On April 7, 2011, in the context of a liquidating CCAA that achieved a going concern sale of the debtor’s business, the Ontario Court of Appeal held that:

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Debtor, Collateral (finance), Fiduciary, Beneficiary, Liquidation, Balance sheet, Defined benefit pension plan, Constructive trust, Companies' Creditors Arrangement Act 1933 (Canada), United Steelworkers, Supreme Court of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Secured claims in proposal proceedings
    2008-08-11

    In the recent decision of Re WorkGroup Designs Inc.,1 the Ontario Court of Appeal considered the provisions of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the "BIA") which relate to valuing and determining the claims of secured creditors in proposal proceedings under the BIA.

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Unsecured debt, Statutory interpretation, Liquidation, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Royal Bank of Canada, Canada Revenue Agency, Court of Appeal for Ontario, Ontario Superior Court of Justice, Court of Appeal of Singapore, Trustee
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Newsletter | Finance and Restructuring | 2nd quarter 2019
    2019-07-26

    From July 21, the reform of rules on prospectuses, intended to establish a common rulebook across the EU to encourage financing through capital markets, will directly apply in Spain.

    Filed under:
    European Union, Spain, Banking, Insolvency & Restructuring, Real Estate, Tax, Mortgage loan, European Commission
    Location:
    European Union, Spain
    Lending Update - Spring 2017
    2017-06-26

    SNDA Basics

    A subordination, nondisturbance and attornment agreement (“SNDA”) is commonly used in real estate financing to clarify the rights and obligations between the owner of rental property (i.e., the borrower), the lender that provides financing secured by the property, and the tenant under a lease of the property in the event the lender forecloses or otherwise acquires title to the property. As suggested by its name, an SNDA has the following three primary components:

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Real Estate, Winston & Strawn LLP
    Authors:
    Carrie V. Hardman
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Preserving some portion of the non-qualified plan benefits of a bankrupt company
    2013-08-29

    I have blogged several times about the difficulties of preserving non-qualified plan benefits, particularly when the plan sponsor goes bankrupt. At the time of a bankruptcy, the company's non-qualified plan becomes nothing more than an unfunded promise to pay benefits and participants usually have to get in line with the company's other creditors. The recent decision in Tate v. General Motors LLC (56 EBC 1363, 6th Cir.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Deferred compensation, Retirement
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Defanging Stern v. Marshall
    2012-03-05

    Defanging Stern v. Marshall1: The United States District Court for the Southern District of New York Modifies the Reference of Bankruptcy Matters to Address Issues Resulting from the Supreme Court’s Ruling

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Debtor, US Constitution, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Judge rules against Madoff feeder fund investors
    2011-07-11

    On June 28th, the Bankruptcy Court overseeing the liquidation of Bernard Madoff's broker-dealer ruled that investors in funds that in turn invested with Madoff are not claimants within the meaning of the Securities Investor Protection Act. SIPC v. Bernard L. Madoff Investment Securities LLC. See also Reuters.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, White Collar Crime, Winston & Strawn LLP, Security (finance), Liquidation, Broker-dealer, Securities Investor Protection Corporation, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Escrow arrearages are pre-bankruptcy petition claims
    2011-01-03

    On December 23rd, the Third Circuit addressed whether the automatic stay provisions of the Bankruptcy Code prevents a home mortgage lender from accounting for the pre-petition escrow shortage in its post-petition calculation of future monthly escrow payments. The Court concluded that when the terms of the loan allow the lender to escrow taxes and insurance payments, the lender has a pre-petition claim. In re Francisco Rodriguez.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Accounting, Mortgage loan, Precondition, Third Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Issuer's failure to disclose Lehman investment is grounds for lawsuit
    2010-05-24

    On May 17th, a federal district court denied motions to dismiss a securities fraud lawsuit alleging that defendants failed to disclose adequately their investment in notes issued by a shell company owned by Lehman Brothers, who provided the principal protection guarantee. Defendants' knowledge regarding the notes and Lehman's insolvency contradicted their public statements, satisfying Rule 10b-5's scienter requirements. Plaintiffs also allege that their losses were exaggerated by defendants' lack of disclosure, adequately alleging loss causation.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Discovery, Involuntary dismissal, Causation (law), Securities fraud, Lehman Brothers
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Special bankruptcy court considered for financial firms
    2010-01-19

    The Senate Banking Committee is considering the establishment of a special bankruptcy court for financial firms as part of its regulatory reform measures. Bankruptcy.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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