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    Lehman Brothers International (Europe) (in administration)
    2009-10-26

    Summary

    The joint administrators of Lehman Brothers International (Europe) (“LBIE”) have released their second statutory six month progress report for the period 15 March 2008 to 14 September 2009 (the “Report”).

    A full copy of the Report is attached, which includes detail about the positions realised and expenses to date. Key points of interest are as follows:

    Filed under:
    European Union, Insolvency & Restructuring, Mayer Brown, Unsecured debt, Dividends, Interest, Lehman Brothers, High Court of Justice
    Authors:
    Ian McDonald , Ashley Katz , Kristy Zander
    Location:
    European Union
    Firm:
    Mayer Brown
    Valuation in a multi-tiered debt structure
    2009-08-19

    In a recent case1, the High Court concluded that it was right to sanction schemes of arrangement which formed part of a wider debt restructuring that excluded out-of-the-money junior creditors. In doing so, it valued the distressed companies on a going concern basis.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Interest, Debt, Economy, Leveraged buyout, Valuation (finance), Debt restructuring, Discounted cash flow, Credit crunch
    Authors:
    Devi Shah , Ashley Katz , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Favourable adjustment of the thin capitalization measure for "sociétés civiles de construction-vente" and refinancing linked to bankruptcy proceedings
    2012-01-25

    Since the adoption of the 2011 Finance Act, the scope of application for thin capitalization rules, provided for in article 212 of the French Tax Code, was extended to all loans, including bank loans, backed by security interest or a guarantee, granted by a company belonging to the borrower's group or by a company with a guaranteed undertaking secured by a company related to the borrower.

    Filed under:
    France, Banking, Insolvency & Restructuring, Tax, Baker McKenzie, Bankruptcy, Interest, Refinancing
    Location:
    France
    Firm:
    Baker McKenzie
    Spanish Supreme Court renders judgment in a case of coexistence of similar trademarks
    2010-12-14

    Two companies showed interest in the assets of a third company that was in a state of bankruptcy.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Trademarks, Baker McKenzie, Bankruptcy, Interest
    Location:
    Spain
    Firm:
    Baker McKenzie
    Liquidators’ disclaimer power not fail-safe
    2017-05-12

    This week’s TGIF considers Linc Energy Ltd (in Liq) v Chief Executive Dept of Environment & Heritage Protection [2017] QSC 53, in which the Queensland Supreme Court directed that the liquidators of Linc Energy were not justified in causing it to fail to comply with an environmental protection order

    BACKGROUND

    Filed under:
    Australia, Environment & Climate Change, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Environmental protection, Interest, Liability (financial accounting), Liquidator (law), Corporations Act 2001 (Australia), US Environmental Protection Agency, Queensland Supreme Court
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Does a bankrupt beneficiary’s effective control of a discretionary trust transform their interest into property?
    2017-03-24

    This week’s TGIF considers Fordyce v Ryan & Anor; Fordyce v Quinn & Anor [2016] QSC 307, where the Court considered whether a beneficiary’s interest in a discretionary trust amounted to ‘property’ for the purposes of the Bankruptcy Act 1966 (Cth).

    BACKGROUND

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Bankruptcy, Shareholder, Interest, Beneficiary, Liquidation, Vesting, Discretionary trust, Bénéfice, Federal Court of Australia, Trustee
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Matthew Critchley , Sam Delaney , Estelle Blewett , Michelle Dean , Haley Aprile
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Setting aside creditors’ resolutions and the meaning of “interest of creditors as a whole”
    2014-04-11

    In DSG Holdings Australia Pty Ltd v Helenic Pty Ltd [2014] NSWCA 96, the Court of Appeal considered the meaning of the “interests of the creditors as a whole” under section 600A of the Corporations Actand the circumstances in which the Court will intervene to set aside or impose conditions on resolutions passed at creditors meetings.

    BACKGROUND

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth, Interest, Corporations Act 2001 (Australia)
    Authors:
    David Abernethy , Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Court of Appeal holds that anti-deprivation principle does not apply to provisions relating to the termination of an IP licence on insolvency
    2010-03-02

    The anti-deprivation principle provides that “there cannot be a valid contract that a man’s property shall remain his until his bankruptcy, and, on the happening of that event, go over to someone else, and be taken away from his creditors”.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Intellectual Property, Litigation, Herbert Smith Freehills LLP, Share (finance), Bankruptcy, Breach of contract, Interest, Joint venture, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Significant developments in schemes
    2010-02-17

    There have recently been a number of significant developments in relation to schemes of arrangement. These include:

    • the Federal Court refusing to make orders convening a meeting of CSR’s shareholders to vote on a demerger proposal by way of scheme, on public policy and commercial morality grounds relating to CSR’s potential asbestos liabilities
    • the Government’s corporate law advisory body recommending significant reforms to the scheme regime, and
    • developments regarding ‘hostile schemes’.

    Each of these developments is discussed below.

    Filed under:
    Australia, Insolvency & Restructuring, Herbert Smith Freehills LLP, Shareholder, Interest, Liability (financial accounting), Due diligence, Voting, Federal Court of Australia
    Authors:
    Andrew Rich
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Key PPSA decision: NSWSC confirms vesting of unperfected lessor's interest following insolvency of lessee
    2013-07-01

    In the matter of Maiden Civil (P&E) Pty Ltd; Richard Albarran and Blair Alexander Pleash as receivers and managers of Maiden Civil (P&E) Pty Ltd & Ors v Queensland Excavation Services Pty Ltd & Ors [2013] NSWSC 852

    Overview

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Collateral (finance), Interest
    Authors:
    David John
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP

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