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    Alberta court finds a DIP Charge can be granted in priority to the deemed trust claims of CRA
    2008-02-28

    In Re Temple City Housing Inc.; Minister of National Revenue v. Temple City Housing Inc. 2007 CarswellAlta 1806 (Alta. Q.B.), Temple City Housing Inc. (“Temple”) filed for protection under the Companies’ Creditors Arrangement Act (“CCAA”). The Order sought by Temple contemplated that a Debtor-In-Possession credit facility (“DIP Charge”) would be granted. Temple’s major creditor, Canada Revenue Agency (“CRA”), opposed the granting of the DIP Charge, which would create a court ordered priority over the CRA deemed trust claim.

    Filed under:
    Canada, Insolvency & Restructuring, Tax, Dentons, Debtor, Interest, Stakeholder (corporate), Line of credit, Canada Revenue Agency, Constitutional amendment, Minister of National Revenue (Canada), Court of Appeal of England & Wales
    Location:
    Canada
    Firm:
    Dentons
    Commercially reasonable realizations
    2008-04-30

    In Royal Bank v. 2021847 Ontario Ltd. et al. (2007), Carswell Ont. 8283, the plaintiff Royal Bank sought summary judgment against the guarantors of a credit facility it granted to 2021847 Ontario Ltd. (“2021847”). The amount the plaintiff sought against the guarantors was the deficiency remaining after the plaintiff had appointed a receiver over the assets of the debtor company. The proceeds from the realization of the receivership were insufficient to payout 2021847’s credit facility.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Surety, Debtor, Collateral (finance), Marketing, Liquidation, Good faith, Line of credit, Secured loan, Royal Bank of Canada
    Location:
    Canada
    Firm:
    Dentons
    Sales and purchases of loans in Cyprus
    2018-07-20

    The statutory framework regulating the purchase and sale of credit facilities in Cyprus was amended as part of an overhaul of the insolvency framework.  The 2018 amendments sit alongside a new securitisation framework. 

    This note highlights the key aspects of the Purchase and Sale of Credit Facilities and Relevant Matters Law of 2015, as amended in 2018 (the “Law”).

    What credit facilities are caught?

    Filed under:
    Cyprus, Banking, Insolvency & Restructuring, Antoniou McCollum & Co LLC, Line of credit
    Authors:
    Anastasios A Antoniou , Christina McCollum
    Location:
    Cyprus
    Firm:
    Antoniou McCollum & Co LLC
    Is the bank liable for damages suffered by the insolvent company following directors’ reckless resort to credit lines ?
    2017-05-31

    The decision of the Supreme Court of 20 April 2017, No. 9983 confirms that the bank can be held jointly liable with the directors towards the company, on different grounds from those making the bank accountable to individual creditors

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Bankruptcy, Line of credit
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    New ‘extravagant’ agreements in respect of pre-insolvency homologated arrangements under the 4th additional provision of the Insolvency Act: the ‘halo of the arrangement’
    2016-04-14
    1. A common problem with re financing arrangements homologated (i.e., sanctioned by a court) pursuant to the 4th additional provision of the Spanish Insolvency Act (abbrev. LCon) is becoming apparent of late where the signatories to such an arrangement undertake to open or keep open lines of credit or otherwise provide the debtor with new resources and, once such arrangement has been homologated, funding needs complementary or different to those contained in the homologated refinancing arrangement arise.
    Filed under:
    Spain, Insolvency & Restructuring, Gomez-Acebo & Pombo Abogados, Line of credit
    Authors:
    Ángel Carrasco Perera
    Location:
    Spain
    Firm:
    Gomez-Acebo & Pombo Abogados
    Good faith agreements
    2007-07-18

    The claimant and defendant both lent money to a company (Y) under a credit facility. Y’s financial position deteriorated, the parties appointed investigating accountants and put Y into “workout”. Following an assignment of Y’s indebtedness to the claimant to the defendant’s subsidiary, the claimant brought proceedings against the defendant for breach of an anti-claim clause in the assignment.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Contractual term, Debtor, Breach of contract, Debt, Good faith, Due diligence, Duty of care, Public limited company, Line of credit, Subsidiary, NatWest
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Curing Substantive Ambiguities in Debt Documentation (and More)
    2016-07-19

    Virtually all public indentures contain provisions allowing the issuer to cure ambiguities and make other technical changes to the debt documentation without debtholder consent. When the purported ambiguities have substantive consequences, however, issuers may not be able to get away with an amendment that lacks debtholder approval. InGSO Coastline Credit Partners L.P. v. Global A&T Electronics Ltd. (NY App. Div. 1st Dept. May 3, 2016), a New York lower court bought into a “cure of ambiguity” argument and on that basis granted a motion to dismiss.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Shareholder, Credit (finance), Collateral (finance), Covenant (law), Debt, Line of credit, Secured loan
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Maryland Federal Court Allows Bank to Recover Allegedly Unauthorized Advances on Frozen HELOC
    2016-06-23

    Reversing a bankruptcy court order in favor of the debtor, the U.S. District Court for the District of Maryland recently held that a bank that had allowed amounts to be withdrawn from a home equity credit line after the HELOC had been frozen could still recover those amounts from the debtor.

    A copy of the opinion is available at:  Link to Opinion.

    Filed under:
    USA, District of Columbia, Family, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, Debtor, Breach of contract, Line of credit, United States bankruptcy court
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Some new terms in credit agreements: defaulting lenders
    2010-04-23

    The recession has highlighted a new risk for borrowers – the risk that a lender will be insolvent and default on its obligation to fund loans under the credit agreement. This has created unexpected issues under credit agreements, which were written at a time when lender insolvency was not a perceived risk.”34

    Filed under:
    USA, Banking, Insolvency & Restructuring, Haynes and Boone LLP, Bankruptcy, Letter of credit, Credit (finance), Debtor, Collateral (finance), Consent, Cease and desist, Default (finance), Line of credit, Subsidiary, Pro rata, Office of Thrift Supervision, Lehman Brothers
    Authors:
    Theresa Einhorn
    Location:
    USA
    Firm:
    Haynes and Boone LLP
    “Caveat venditor”: building strategy based on recent reclamation and Section 503(b)(9) developments
    2010-04-29

    In today’s difficult economic environment, it is vital for trade vendors faced with customers’ bankruptcies to have optimal strategies for collecting invoices for past shipments and protecting prior payments from being clawed back by a bankruptcy estate as preferences. The need for such strategies will only increase as record amounts of corporate debt mature. Nelson D. Schwartz, Corporate Debt Coming Due May Squeeze Credit, N.Y.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Moses & Singer LLP, Bankruptcy, Debtor, Consumer protection, Collateral (finance), Liquidation, Refinancing, Line of credit, Corporate bond, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Alan Kolod , Kent C. Kolbig
    Location:
    USA
    Firm:
    Moses & Singer LLP

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