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    Insolvency update for retailers
    2008-02-11

    The retail sector and its suppliers operate at the sharp end of the economy and feel the impact of tighter consumer spending with more immediacy than most other sectors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Retail, Board of directors, Debt, Supply chain, Liability (financial accounting), Legal burden of proof, Balance sheet, Cashflow, Insolvency Act 1986 (UK), High Court of Justice
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Business insolvency
    2007-01-11

    The Bankruptcy Law, applicable to FIEs and most other companies in China, will come into effect on 1 June 2007.

    The Bankruptcy Law sets out a dual test of insolvency: inability to pay debts as they fall due ("cash flow insolvency") and insufficient assets to pay off all debts ("balance sheet insolvency"). Either a debtor or a creditor may apply to the court for reorganization or liquidation of the debtor. Court assistance may also be sought to conciliate.

    Filed under:
    China, Insolvency & Restructuring, Herbert Smith Freehills LLP, Wage, Bankruptcy, Debtor, Debt, Liability (financial accounting), Liquidation, Balance sheet, Cashflow
    Location:
    China
    Firm:
    Herbert Smith Freehills LLP
    Reform of Spanish insolvency legislation
    2014-03-10

    1

    MADRID E-BULLETIN

    RESTRUCTURING, TURNAROUND AND INSOLVENCY

    REFORM OF SPANISH INSOLVENCY LEGISLATION

    On Friday 7 March 2014 the Spanish Council of Ministers approved Royal Decree-Law 4/2014, of 7 March, which adopts urgent measures on the refinancing and restructuring of corporate debt. The above Royal Decree-Law introduces a series of significant reforms to the Spanish Insolvency Act 22/2003, of 9 July, (the "Insolvency Act"). The Royal Decree-Law has entered into force on 10 March 2014.

    Filed under:
    Spain, Insolvency & Restructuring, Herbert Smith Freehills LLP, Share (finance), Debtor, Liability (financial accounting), Refinancing, Gross negligence
    Location:
    Spain
    Firm:
    Herbert Smith Freehills LLP
    UK Supreme Court upholds appeal by Nortel administrators on pension liabilities and the powers of the pensions regulator
    2013-07-24

    The Supreme Court has today ruled on the ranking of certain pension liabilities when issued to companies in administration or liquidation.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Debt, Liability (financial accounting), Liquidation, Defined benefit pension plan, The Pensions Regulator
    Authors:
    Kevin Pullen
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Shifting Environmental Liabilities after the Redwater Decision
    2016-05-27

    Summary

    Filed under:
    Canada, Alberta, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Environmental remediation, Liability (financial accounting), Alberta Energy Regulator
    Authors:
    Matti Lemmens
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Insolvency and environmental liabilities
    2015-02-19

    Recent decisions in the Ontario courts have brought this issue to the forefront, which is salient during this time of economic uncertainty for the oil industry and its related environmental obligations. The courts have had to focus on balancing competing public interests: those of creditors and the general health and safety of the public when a debtor has an outstanding obligation to remediate its pollution.

    Filed under:
    Canada, Ontario, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Environmental remediation, Debtor, Liability (financial accounting)
    Authors:
    Matti Lemmens
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Directors' liability in the event of bankruptcy
    2009-06-30

    A. THE PROBLEM

    Many charities and associations have cash flow challenges, particularly in the current economic situation. They usually budget to break even financially. If some funding does not materialize as expected, they may be forced to close down. Their directors may be at financial risk as a result.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Borden Ladner Gervais LLP, Wage, Bankruptcy, Legal personality, Interest, Employment contract, Budget, Trade union, Debt, Liability (financial accounting), Common law, Joint and several liability, Severance package, Corporations Act 2001 (Australia)
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Bankruptcy Court denies confirmation of WaMu’s plan of reorganization
    2011-09-23

    Sending the Debtors back to the drawing board after almost three years in bankruptcy, in a 139 page opinion, the Bankruptcy Court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc. (“WaMu”), which was the owner of the largest savings bank ever to be seized by the FDIC.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Confidentiality, Bankruptcy, Debtor, Unsecured debt, Interest, Insider trading, Liability (financial accounting), Mediation, Federal Deposit Insurance Corporation (USA), JPMorgan Chase, United States bankruptcy court
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    U.S. bankruptcy court denies motions to dismiss GGP bankruptcy cases
    2009-08-14

    On August 11, the U.S. Bankruptcy Court for the Southern District of New York denied five motions to dismiss certain Chapter 11 bankruptcy cases filed by debtors, including a number of issuers of commercial mortgage-backed securities (CMBS), that are owned by mall operator General Growth Properties, Inc. (GGP). The movants, including special servicers of the CMBS issued by GGP, based their dismissal motions primarily on a claim that the debtor’s cases were filed in bad faith.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Katten Muchin Rosenman LLP, Bankruptcy, Debtor, Liability (financial accounting), Involuntary dismissal, Bad faith, Commercial mortgage-backed security, Mortgage-backed security, United States bankruptcy court
    Authors:
    Jeffrey M. Werthan , Christina J. Grigorian
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    OTS seizes WAMU and appoints FDIC as receiver; deposits and loans sold to JPMorgan Chase
    2008-09-26

    In the biggest bank receivership in the history of the United States, the Office of Thrift Supervision seized Washington Mutual Bank on September 25 and appointed the Federal Deposit Insurance Corporation (FDIC) as receiver. While details are still emerging, it is at least clear that all deposits were transferred to JPMorgan, as were all loans and Qualified Financial Contracts, which include swaps, options, futures, forwards, repurchase agreements and any other Qualified Financial Contract as defined in 12 U.S.C. Section 1821(e)(8)(D).

    Filed under:
    USA, Banking, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Option (finance), Swap (finance), Futures contract, Liability (financial accounting), Investment funds, Subordinated debt, US Code, Federal Deposit Insurance Corporation (USA), JPMorgan Chase
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP

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