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    Reflections on the Metavante decision and the ISDA Master Agreement: the British Virgin Islands perspective
    2009-10-02

    On 15 September 20091 the judge responsible for the Lehman bankruptcy proceedings in the United States held that Metavante Corporation (“Metavante”) could not rely on Section 2(a)(iii) of the ISDA Master Agreement to suspend payments to Lehman Brothers Special Financing, Inc. (“LBSF”). Specifically, Judge Peck held that the safe harbour provisions in the US bankruptcy code protected a non-defaulting party’s contractual rights to liquidate, terminate or accelerate swaps and to net termination values but did not provide a basis to withhold performance under a swap if it did not terminate.

    Filed under:
    British Virgin Islands, Derivatives, Insolvency & Restructuring, Litigation, Harneys, Bankruptcy, Safe harbor (law), Swap (finance), Concession (contract), Liquidation, Default (finance), Liquidator (law), International Swaps and Derivatives Association, Lehman Brothers, Enron
    Authors:
    Colin Riegels
    Location:
    British Virgin Islands
    Firm:
    Harneys
    BVI ruling on the status of a redeemed shareholder
    2010-03-26

    Western Union v Reserve International The BVI Commercial Court, which was established last May, has handed down an important decision on the status of a redeemed shareholder and the application of Section 197 of the Insolvency Act 2003 to the investor’s status. In summary, the redeemed shareholder was viewed as an unsecured creditor and, as such, able to petition for the liquidation of the company in which they were previously a shareholder and to rank alongside other, third party, unsecured creditors.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Harneys, Share (finance), Shareholder, Credit (finance), Unsecured debt, Liquidation, Liquidator (law), Unsecured creditor, Lehman Brothers cases, Lehman Brothers, Bear Stearns
    Location:
    British Virgin Islands
    Firm:
    Harneys
    When is a redemption effective?: Reserve International Liquidity Fund Ltd
    2010-04-30

    The British Virgin Island’s Commercial Court has recently delivered a decision in Western Union International Limited v Reserve International Liquidity Fund Ltd which addresses the issue of when during the redemption process a redeeming investor becomes a creditor of the fund and is therefore entitled to apply for the appointment of a liquidator.

    Filed under:
    British Virgin Islands, Capital Markets, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Shareholder, Dividends, Market liquidity, Liquidation, Articles of association, Liquidator (law), Unsecured creditor, Lehman Brothers cases, Net asset value, Lehman Brothers, Companies Act 2006 (UK)
    Authors:
    Simon Schilder
    Location:
    British Virgin Islands
    Firm:
    Ogier
    When is a redemption effective: Reserve International Liquidity Fund Ltd
    2010-05-12

    The British Virgin Islands Commercial Court has recently delivered a decision in Western Union International Limited v Reserve International Liquidity Fund Ltd which addresses the issue of when during the redemption process a redeeming investor becomes a creditor of the fund and is therefore entitled to apply for the appointment of a liquidator.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, Ogier, Share (finance), Shareholder, Dividends, Market liquidity, Liquidation, Articles of association, Unsecured creditor, Lehman Brothers cases, Net asset value, Lehman Brothers, Companies Act 2006 (UK)
    Authors:
    Simon Schilder
    Location:
    British Virgin Islands
    Firm:
    Ogier
    US District Court upholds safe harbour protection of swap agreements from ipso facto prohibitions - lessons for Australia
    2018-04-12

    In June 2016, Judge Chapman of the US Bankruptcy Court handed down a landmark decision in In re Lehman Bros. Holdings Inc., 553 B.R. 476 (Bankr S.D.N.Y.

    Filed under:
    Australia, USA, Derivatives, Insolvency & Restructuring, Litigation, Clayton Utz, Lehman Brothers, United States bankruptcy court
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia, USA
    Firm:
    Clayton Utz
    Lehman Brothers - schemes of arrangement offer a viable compromise
    2013-10-18

    In Lehman Brothers Australia Limited, in the matter of Lehman Brothers Australia Limited (in liquidation) (No 2) [2013] FCA 965, the Federal Court again confirmed that schemes of arrangement are a viable restructuring tool to compromise claims involving a class of creditors and third parties.

    BACKGROUND

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Corrs Chambers Westgarth, Lehman Brothers
    Authors:
    Kirsty Sutherland , Mark Wilks , Michael Kimmins
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Vanquishing the veto vote in a scheme of arrangement
    2013-10-21

    Summary

    Filed under:
    Australia, Insolvency & Restructuring, Herbert Smith Freehills LLP, Lehman Brothers
    Authors:
    Andrew Rich
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Can third party releases be the basis of an arrangement or compromise? Lehman Brothers Australia Ltd, in the matter of Lehman Brothers Australia Ltd (in liq) (No 2)
    2013-10-24

    This decision is a testament to the flexibility of schemes of arrangement in Australia as a means of effecting settlements with a company’s creditors as well as third parties such as the company’s insurers. The Federal Court also demonstrated its propensity to take a liberal interpretation of what constitutes a “compromise or arrangement” to enliven its jurisdiction to convene a meeting of creditors for the purpose of considering a proposed scheme of arrangement.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Lehman Brothers, Corporations Act 2001 (Australia)
    Authors:
    Rachel Launders , Jane Hogan , Sally Randall
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Schemes of arrangement – releases can be part of the bargain
    2013-07-03

    Summary

    Filed under:
    Australia, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Class action, Investment management, Lehman Brothers
    Authors:
    Andrew Rich
    Location:
    Australia
    Firm:
    Herbert Smith Freehills LLP
    Will Lehman eat porridge for SCDOs?
    2013-05-07

    The liquidators of Lehman Brothers Australia are appealing a landmark Federal Court decision that found it liable for losses suffered by a number of local councils and charity groups.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Breach of contract, Collateralized debt obligation, Lehman Brothers
    Authors:
    Melissa Monks
    Location:
    Australia
    Firm:
    King & Wood Mallesons

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