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    Was Lehmans’ collapse unforeseeable? The High Court said it was – but FOS disagrees
    2012-03-05

    The courts and FOS are now headed down very different paths in their approach to credit crunch losses suffered by clients of regulated firms. While FOS has all but abandoned the general law of causation in its approach to cases of consumer detriment, we have observed how the courts have held again and again that the general law of causation applies to mis-selling claims.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, RPC, American International Group, Lehman Brothers
    Location:
    United Kingdom
    Firm:
    RPC
    Supreme Court widens scope of ‘client money’
    2012-03-01

    The Supreme Court yesterday ruled that client money held in un-segregated accounts should be treated the same as client money held in segregated accounts, enabling un-segregated account holders to share in the client money pool on the insolvency of a firm with whom the account is held.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, RPC, MiFID, Lehman Brothers, SCOTUS
    Location:
    United Kingdom
    Firm:
    RPC
    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
    Location:
    Australia
    Firm:
    King & Wood Mallesons
    Supreme Court confirms that flip clauses don’t violate anti-deprivation principle
    2011-10-10

    One of the many issues which arose from the collapse of Lehman Brothers was whether “flip provisions”, which reverse a swap counterparty’s priority in the order of payment on insolvency, were invalid on the basis that they contravened the anti-deprivation principle.  This is a long-established common law principle which seeks to prevent an insolvent party from arranging its affairs to frustrate the legitimate claims of creditors.

    Filed under:
    United Kingdom, Derivatives, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Swap (finance), Good faith, Common law, Bankruptcy of Lehman Brothers, Lehman Brothers, SCOTUS
    Location:
    United Kingdom
    Firm:
    King & Wood Mallesons
    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, Bankruptcy of Lehman Brothers, Net asset value, Companies Act 2006 (UK), Lehman Brothers
    Location:
    British Virgin Islands
    Firm:
    Ogier
    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, Bankruptcy of Lehman Brothers, Net asset value, Companies Act 2006 (UK), Lehman Brothers
    Authors:
    Simon Schilder
    Location:
    British Virgin Islands
    Firm:
    Ogier
    A skilled examiner can make all the difference
    2010-11-29

    The U.S. Bankruptcy Code provides for the appointment of a bankruptcy examiner to investigate the debtor with respect to allegations of fraud, dishonesty, incompetence, misconduct or mismanagement. The right examiner, with a clearly defined mission, will have a major influence on the bankruptcy process. The difference between a successful financial restructuring or liquidation-resulting in substantial recoveries for the key constituencies-and a time-consuming (and asset-consuming) meltdown, can depend on the approach of the examiner and the examiner's support team.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, White Collar Crime, Wiley Rein LLP, Bankruptcy, Debtor, Unsecured debt, Fraud, Debt, Liquidation, Leveraged buyout, US Department of Justice, Lehman Brothers, Enron, Delaware Supreme Court, United States bankruptcy court, US District Court for District of Delaware, US District Court for SDNY, Trustee
    Authors:
    H. Jason Gold , Rebecca L. Saitta
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Business bankruptcy filings on the rise
    2008-10-17

    The deepening international financial crisis and tightening credit market has led to a substantial increase in business bankruptcy filings. While the number of commercial bankruptcies has been increasing since 2007, business chapter 11 filings surged to even higher levels in the third quarter of 2008. In Delaware and the Southern District of New York, where many commercial cases are filed, business chapter 11 filings more than quadrupled from just over 100 in the third quarter of 2007 to almost 450 in the third quarter of 2008.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Bond market, Bankruptcy, Retail, Economy, Parent company, Lehman Brothers
    Location:
    USA
    Firm:
    Wiley Rein LLP
    The effective bankruptcy examiner
    2010-12-10

    Pursuant to § 1104 of the United States Bankruptcy Code, the court may appoint a bankruptcy examiner to investigate the debtor with respect to allegations of fraud, dishonesty, incompetence, misconduct or mismanagement. A qualified examiner, with a clearly defined mission, can drastically affect the outcome of the bankruptcy case and directly impact the return to creditors. The difference between a successful financial restructure or liquidation and an investigation yielding little value to the creditors often depends on the approach taken by the examiner and his professionals.

    Filed under:
    USA, Insolvency & Restructuring, Wiley Rein LLP, Conflict of interest, Bankruptcy, Debtor, Unsecured debt, Fraud, Debt, Liquidation, Bankruptcy of Lehman Brothers, Lehman Brothers, Enron, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Looks like Fred Wilpon picked the wrong week to quit drinking
    2011-05-27

    The well known travails of Fred Wilpon, the principal owner of the New York Mets, have all converged this past week. He, his partner Saul Katz and their families and affiliated enterprises (the “Wilpon/Katz Group”) lost several hundred million dollars when Bernard Madoff’s long running Ponzi scheme finally unraveled at the height of the financial crisis in 2008.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Kelley Drye & Warren LLP, Bankruptcy, Fraud, Hedge funds, Liquidation, Good faith, Cashflow, Unsecured creditor, Lehman Brothers, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP

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