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    An Update on Insolvency in the Australian Construction Industry
    2022-08-23

    WHITE PAPER An Update on Insolvency in the Australian Construction Industry The construction sector in Australia has long been affected by insolvency and broader liquidity issues. In the last year, construction companies accounted for 26% of businesses that entered into insolvency, and insolvencies in the construction sector more than doubled. This year, contractors have been further squeezed by inflation, supply chain issues and labour market shortages. As the federal government has wound back its COVID-19 economic stimulus packages, further collapses seem inevitable.

    Filed under:
    Australia, Construction, Insolvency & Restructuring, Projects & Procurement, Jones Day, Supply chain, Liquidation, Power of attorney, Coronavirus, Insolvency, Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Jones Day
    Business Restructuring Review Vol. 21 No. 4 July-August 2022
    2022-08-02

    BUSINESS RESTRUCTURING REVIEW VOL. 21 • NO. 4 JULY–AUGUST 2022 1 IN THIS ISSUE 1 U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Due diligence, Coronavirus, US Department of Justice, US Department of Labor, FERC, US Congress, Supreme Court of the United States
    Location:
    USA
    Firm:
    Jones Day
    Stopping the Phoenix From Rising: Australian Court Provides First Guidance on Creditor-Defeating Dispositions
    2022-06-10

    In Short

    The Situation: In February 2020, amendments to the Corporations Act 2001 (Cth) expanded the kinds of transactions that may be voidable if a company is being wound up to include asset disposals undertaken as part of illegal phoenixing schemes. Such disposals are termed as "creditor-defeating dispositions" in the legislation.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Jones Day, Corporations Act 2001 (Australia), Victoria Supreme Court
    Authors:
    Roger Dobson , Evan J. Sylwestrzak , Lucas Wilk , Maria Yiasemides
    Location:
    Australia
    Firm:
    Jones Day
    Bright-Line Rule: No Modification of Substantially Consummated Chapter 11 Plan
    2022-05-30

    To promote the finality and binding effect of confirmed chapter 11 plans, the Bankruptcy Code categorically prohibits any modification of a confirmed plan after it has been "substantially consummated." Stakeholders, however, sometimes attempt to skirt this prohibition by characterizing proposed changes to a substantially consummated chapter 11 plan as some other form of relief, such as modification of the confirmation order or a plan document, or reconsideration of the allowed amount of a claim. The U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Congress
    Authors:
    Mark G. Douglas , Charles M. Oellermann
    Location:
    USA
    Firm:
    Jones Day
    Business Restructuring Review
    2022-04-04

    BUSINESS RESTRUCTURING REVIEW VOL. 21 • NO.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Coronavirus, US Department of Justice, US Congress, CARES Act 2020 (USA), Supreme Court of the United States
    Location:
    USA
    Firm:
    Jones Day
    Hertz Bankruptcy Court Weighs In on Make-Whole Premiums, Solvent-Debtor Exception, and Pendency Interest
    2022-04-01

    Perhaps surprisingly given the rarity of such cases, a handful of high-profile court rulings recently have addressed whether a solvent chapter 11 debtor is obligated to pay postpetition, pre-effective date interest ("pendency interest") to unsecured creditors to render their claims "unimpaired" under a chapter 11 plan and, if so, at what rate.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Coronavirus
    Authors:
    Mark G. Douglas , Daniel J. Merrett (Dan)
    Location:
    USA
    Firm:
    Jones Day
    U.S. Supreme Court Bankruptcy Roundup
    2022-03-04

    Supreme Court to Resolve Circuit Split on Constitutionality of U.S. Trustee Fee Hike

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, US Department of Justice, US Congress, Supreme Court of the United States
    Authors:
    Mark G. Douglas , Jane Rue Wittstein
    Location:
    USA
    Firm:
    Jones Day
    Confirmation Denied: Chapter 11 Plan Did Not Satisfy New Value Exception to Absolute Priority Rule Without Market Testing
    2022-03-04

    When existing interest holders attempt to retain ownership of a chapter 11 debtor after confirmation of a nonconsensual plan of reorganization, the Bankruptcy Code's plan confirmation requirements, including well-established rules regarding the classification and treatment of creditor claims and equity interests, can create formidable impediments to their reorganization strategy. In In re Platinum Corral, LLC, 2022 WL 127431 (Bankr. E.D.N.C. Jan. 13, 2022), the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, CARES Act 2020 (USA), Supreme Court of the United States
    Authors:
    Paul M. Green , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Another New York District Court Widens the Bankruptcy Code's Securities Contract Safe Harbor
    2022-01-14

    In 2019, the U.S. Court of Appeals for the Second Circuit made headlines when it ruled that creditors' state law fraudulent transfer claims arising from the 2007 leveraged buyout ("LBO") of Tribune Co. ("Tribune") were preempted by the safe harbor for certain securities, commodity, or forward contract payments set forth in section 546(e) of the Bankruptcy Code. In that ruling, In re Tribune Co. Fraudulent Conveyance Litig., 946 F.3d 66 (2d Cir. 2019), cert. denied, 209 L. Ed. 2d 568 (U.S. Apr.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Supreme Court of the United States, Second Circuit
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Florida Bankruptcy Court Rules that Foreign Debtor Need Not Have U.S. Residence, Assets, or Place of Business to Be Eligible for Chapter 15 Recognition
    2022-01-14

    Courts disagree over whether a foreign bankruptcy case can be recognized under chapter 15 of the Bankruptcy Code if the foreign debtor does not reside or have assets or a place of business in the United States. In 2013, the U.S. Court of Appeals for the Second Circuit staked out its position on this issue in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), 737 F.3d 238 (2d Cir. 2013), ruling that the provision of the Bankruptcy Code requiring U.S. residency, assets, or a place of business applies in chapter 15 cases as well as cases filed under other chapters.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Jones Day
    Authors:
    Corinne Ball , Dan T. Moss , Michael C. Schneidereit , Isel M. Perez , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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