Abstract

Reaching an outcome in line with two other circuit courts, on February 16, 2022, the Fifth Circuit Court of Appeals permitted a Chapter 11 trustee to sell a debtor’s real property free and clear of the leasehold estates held by certain non-debtor lessees. See In re Royal Street Bistro, L.L.C., 2022 WL 499938 (5th Cir. February 16, 2022)(the “Ruling”)

As outlined in our previous briefing note on the Corporate Insolvency and Governance Act 2020, a new restructuring tool was introduced in June 2020 in the form of the Part A1 free-standing moratorium (the "Moratorium").

The Bankruptcy Court for the District of New Jersey denied motions to dismiss the chapter 11 case of the newly created subsidiary of Johnson & Johnson, LTL Management LLC, and granted the debtor’s motion to stay prosecution of actions asserting talc related personal injuries against its J&J affiliates and the products distributors. This is the first opinion outside the North Carolina bankruptcy court approving the use of the so-called Texas Two Step as a bankruptcy execution strategy.

The Motions to Dismiss

Last week this author delved into what has become known as the “Texas Two-Step,” the arguments for and against its permissibility and the broader implications for the bankruptcy system.

In its January 14, 2022 decision in In re Wolfson, the United States Bankruptcy Court for the District of Delaware discharged Chapter 7 debtor Ryan K.

From 1 April 2021, the Bankruptcy Regulations 1996 (Cth) (Former Regulations) were replaced by the Bankruptcy Regulations 2021 (Cth) (Bankruptcy Regulations). Whilst the various amendments introduced by the new Bankruptcy Regulations have been largely represented as minor and administrative in nature, there is one critical amendment concerning the method for service of bankruptcy notices.

What is a bankruptcy notice?

The Bankruptcy Protector

The aviation industry came to a standstill in connection with the Covid-19 virus, and this has hit the airlines worldwide. We have seen a number of airlines defaulting on their lease agreements and loan facilities. The question of how to enforce security interests or repossess an aircraft has sadly turned out to be a question of interest for the lessors and the lenders worldwide.

Often, clients contact us about debts due to them, with the expectation that a lengthy and expensive court action will have to take place before they have a chance of recovering those funds. However, in the right circumstances, there may be another option available.

Summary diligence is a peculiarity of the Scottish legal system. The term "summary diligence" is used to refer to enforcement of certain legal rights based on a document (for example, a lease) rather than a court decree. It can be a useful tool for creditors to avoid the courtroom.