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    Another wave of standard register company preference actions filed
    2016-05-16

    From May 11 to May 13, 2016, SRC Liquidation, LLC International Holdings, LLC (“Liquidating Debtor”), unleashed yet another wave of preference actions, filing approximately 257 additional complaints seeking the avoidance and recovery of allegedly preferential and fraudulent transfers under Sections 547 and 550 of the Bankruptcy Code. The Liquidating Debtor also seeks to disallow claims of such preference defendants under Sections 502(d) and (j) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Fox Rothschild LLP, Limited liability company, Liquidation
    Authors:
    Carl D. Neff
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    New York Court Enters an Order of Liquidation With Respect to Health Republic Insurance of New York
    2016-05-12

    On May 10, 2016, the Supreme Court of the State of New York, New York County, entered an Order of Liquidation as to Health Republic Insurance of New York (HRINY) based upon a petition filed by the Acting Superintendent of the New York Department of Financial Services, Maria Vullo.  The Order was entered upon the filing of an 

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Litigation, Bressler, Amery & Ross PC, Liquidation
    Authors:
    Cynthia J. Borrelli
    Location:
    USA
    Firm:
    Bressler, Amery & Ross PC
    Supreme Court decision highlights importance of contract terms in protecting principal from agent’s insolvency
    2016-08-22

    The Supreme Court has held that a principal was entitled to recover payments collected by its agent on its behalf following the agent's insolvency: Bailey and another (Respondents) v Angove's PTY Limited (Appellant) [2016] UKSC 47.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Interest, Debt, Liquidation, Liquidator (law), Bill of lading, Constructive trust, Pro rata, Supreme Court of the United States, Court of Appeal of England & Wales, UK Supreme Court
    Authors:
    Gareth Keillor , Jade Hu
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    “To stat demand or not stat demand, that is the question”
    2016-08-23

    Lovers of Shakespeare will no doubt recognise the aforesaid phrase. As this is Shakespeare’s 400th birthday year, I thought it apt to borrow one of his most famous phrases.

    The use of Shakespeare in a legal article may appear to many readers misplaced. However, the expression does, in my view, capture a serious dilemma facing creditors when trying to invoke what appears to be a cost-effective and quick way of recovering money.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Anthony Gold, Debtor, Injunction, Debt, Liquidation, Insolvency Act 1986 (UK)
    Authors:
    Carmine Procaccini
    Location:
    United Kingdom
    Firm:
    Anthony Gold
    Administration - what, why, how, who and when?
    2016-08-15

    Ever wondered what ‘administration’, in the company/business sense actually means? Partner and Insolvency specialist Chris McDuff explains here in the second of our blog series on options for an SME when it finds itself experiencing financial difficulties.

    Administration

    The Insolvency Act 1986 (the Act) and theInsolvency Rules 1986 (the Rules) govern the administration process for England and Wales.

    What is Administration?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Berg, Liquidation, Insolvency Act 1986 (UK)
    Authors:
    Chris McDuff
    Location:
    United Kingdom
    Firm:
    Berg
    Wrongful trading claim: Pursue at own cost
    2016-08-02

    Summary

    The High Court recently handed down the judgment in Ralls Builders Ltd (In Liquidation), Re [2016] EWHC 1812 (Ch). It was held that liquidators and administrators are not able to recover their own costs and expenses of investigating a wrongful trading claim from the directors of a company, even following a finding of wrongful trading under section 214 Insolvency Act 1986.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Liquidation, Liquidator (law), Insolvency Act 1986 (UK)
    Authors:
    Duncan Aldred , Kushal Gandhi , Rebecca Hennis
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Court decides to ‘wait and see’ in its refusal to grant an administration order
    2016-08-03

    Rowntree Ventures Ltd v Oak Property Partners Ltd [2016] EWHC 1523 (Ch)

    Executive Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debt, Liquidation, Balance sheet, Cashflow, Precondition, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Authors:
    Colin Cochrane
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Parliament to consider preferential creditor status for consumers
    2016-08-03

    Consumers could be set to jump up the insolvency hierarchy if Parliament backs the latest Law Commission recommendations.

    The Law Commission’s report, Consumer Prepayments on Retailer Insolvency, recommends, among other things, that consumers who prepay for goods or services over £250 in the six months prior to a formal insolvency process should be paid out as preferential creditors instead of unsecured creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Credit card, Retail, Consumer protection, Unsecured debt, Debt, Liquidation, Liquidator (law), Law Commission (England and Wales), Consumer Rights Act 2015 (UK)
    Authors:
    Russell Hill , Matt Ford
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Direct payments to suppliers on a construction project
    2016-07-27

    A client who is building a large mixed use development called me yesterday with a dilemma. He had received a letter from a local equipment supplier, who was on the verge of bankruptcy because the sub-contractor who had engaged him had gone into administration after the hire period had come to an end. He was pleading with my client to help him recover some £20,000 of hire fees still owed to him.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Bryan Cave Leighton Paisner, Bankruptcy, General contractor, Supply chain, Subcontractor, Liquidation, Parent company
    Authors:
    Geraldine Laing
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner
    English Court decides who can be a foreign representatives under Cross-Border Insolvency Regulations 2006
    2016-07-20

    The English Court has recently considered who can be recognised as “foreign representatives” under the Cross-Border Insolvency Regulations 2006 (CBIR) in the case of Re 19 Entertainment Limited, about a US company in Chapter 11. The Re 19 Entertainment judgment appears to be the first English case where directors of a company in Chapter 11 proceedings were recognised as “foreign representatives.”

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Liquidation, Moratorium, Debtor in possession
    Authors:
    Helen Kavanagh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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