The bankruptcy Pegasus: stalking horse agreements in aviation
Overview
The finality of sales of assets in bankruptcy is an indispensable feature of U.S. bankruptcy law, designed to maximize the value of a bankruptcy estate as expeditiously as possible for the benefit of all stakeholders. Promoting the finality of bankruptcy asset sales is the Bankruptcy Code's prohibition of reversal or modification on appeal of an order approving a sale to a good-faith purchaser unless the party challenging the sale obtains a stay pending appeal. This bar of appellate review is commonly referred to as "statutory mootness."
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New developments regarding Spanish pre-insolvency restructuring tools
14 January 2022
The bill for the Amendment of the Spanish Insolvency Law that transposes Directive 2019/1023 has been published in the Spanish Congress Official Gazette (the Bill), setting out structural reforms in pre-insolvency and insolvency regulations to achieve the following goals:
In Short
The Situation: In the recent decision of Morton as Liquidator of MJ Woodman Electrical Contractors Pty Ltd v Metal Manufacturers Pty Limited [2021] FCAFC 228, the Full Court of the Federal Court of Australia considered the availability of mutual set-off provisions in s 553C the Corporations Act 2001 (Cth) as a defence to unfair preference claims.
Appeals from bankruptcy court orders continue to play a key role in bankruptcy practice. The relevant sections of the Judicial Code and the Federal Bankruptcy Rules arguably cover all the relevant issues in a straightforward manner. Recent cases, however, show that neither Congress nor the Rules Committees could ever address the myriad issues raised by imaginative lawyers. The appellate courts continue to wrestle with standing, jurisdiction, mootness, excusable neglect, and finality, among other things.
On January 11, 2021, Seadrill New Finance Limited (“NSNCo”), issuer of Seadrill secured notes due 2025, and several affiliates filed a petitionfor relief under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 22-90001).
In this Business Blog mini-series, we will explore liquidity event options outside of an outright sale of the company. Over the last several years, legal changes have facilitated a robust growth in the private capital market as investors shifted more capital towards private companies causing private placement offerings for debt, equity, and hybrid securities to be more common. This trend has followed the enactment by the U.S. Congress of the Jumpstart Our Business Startups (JOBS) Act In 2012.
Highlights
On Jan. 10, the U.S. Supreme Court agreed to hear three cases, which present the following three questions:
Does a motion for relief from a final judgment that is premised on a legal error fall under Rule 60(b)(1) or 60(b)(6)?
Does the Constitution's provision for “uniform” bankruptcy laws permit Congress to implement Chapter 11 fee increases in different ways in different regions of the country?
JANUARY 2022 BVI | CAYMAN ISLANDS | GUERNSEY | HONG KONG | JERSEY | LONDON mourant.com 2021934/82 67 1 01 9/1 UPDATE BVI Court refuses to give effect to foreign insolvency law to override ownership rights under BVI law Update prepared by Eleanor Morgan, Jennifer Jenkins and Shane Donovan (British Virgin Islands).