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    Meet the mess, cont'd -- former Governor Cuomo asked to mediate Madoff trustee's lawsuit against Mets owners
    2011-02-14

    Judge Burton Lifland, the bankruptcy judge overseeing the liquidation proceedings of Bernard L.

    Filed under:
    USA, Arbitration & ADR, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Limited liability company, Discovery, Mediation, Liquidation, Attorney's fee, Title 11 of the US Code, Trustee
    Authors:
    Benjamin D. Feder
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Withdrawal liability payments are not deferred pending arbitration when accelerated due to insolvency
    2010-09-17

    CENTRAL STATES SOUTHEAST AND SOUTHWEST AREAS PENSION FUND v. O'NEILL BROS. TRANSFER & STORAGE (August 31, 2010)

    Filed under:
    USA, Arbitration & ADR, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Employee Retirement Income Security Act 1974 (USA), Liability (financial accounting), Liquidation, Default (finance), Promulgation, Pension Benefit Guaranty Corporation
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    Reorganization plan's definition of a term need not coincide with the statutory definition of the same term
    2010-05-03

    IN RE: ALTHEIMER & GRAY (April 15, 2010)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kelley Drye & Warren LLP, Bankruptcy, Debt, Adoption, Liquidation, United States bankruptcy court
    Location:
    USA
    Firm:
    Kelley Drye & Warren LLP
    No pooling of accounts where clients’ interests in mixed funds are not rateably equal
    2018-03-29

    The Court will closely examine the relevant transactions involving the accounts and form a view – which may be an impressionistic one – as to the likely extent of the interest of each client (or each client group) in those accounts.

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Litigation, Clayton Utz, Liquidation
    Authors:
    Karen O'Flynn , Flora Innes
    Location:
    Australia
    Firm:
    Clayton Utz
    Acquiring distressed companies
    2010-08-19

    Key Points: An administrator of a deed of company arrangement has been allowed to sell the company over a shareholder's objections.

    The GFC has seen a significant rise in the number of corporate insolvencies.[1]

    Many of those insolvencies have been the result of tighter credit, rather than a collapse of the company's business. It's no surprise, therefore, that there is a major appetite for the acquisition of distressed businesses and companies.

    Filed under:
    Australia, Insolvency & Restructuring, Clayton Utz, Share (finance), Shareholder, Credit (finance), Debt, Deed, Liquidation, Prejudice, Corporations Act 2001 (Australia)
    Authors:
    David Landy
    Location:
    Australia
    Firm:
    Clayton Utz
    Deleveraging to control
    2017-12-15

    As deleveraging to control transactions continue to be part of the legal landscape in Australia, we anticipate seeing further examples, particularly where the distressed company is a listed entity. 

    Filed under:
    Australia, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Clayton Utz, Liquidation, Corporations Act 2001 (Australia), Australian Securities Exchange
    Authors:
    Timothy Sackar
    Location:
    Australia
    Firm:
    Clayton Utz
    How far can a creditor push a distressed company?
    2010-03-31

    The law of "shadow directors" means that a person who effectively controls a board of a company, even though that person is not a director, may find himself being legally classified as a director of the company. That carries with it the threat of legal liability for the company's insolvent trading debts in the event that the company goes into liquidation.

    Filed under:
    Australia, New South Wales, Company & Commercial, Insolvency & Restructuring, Litigation, Clayton Utz, Board of directors, Debt, Liquidation, Liquidator (law), Apple Inc
    Location:
    Australia
    Firm:
    Clayton Utz
    Short cuts make for even longer delays
    2016-08-04

    Any legislation or action which seeks to alter the pari passu distribution of an insolvent company's property amongst its creditors needs to be very carefully and comprehensively considered, and have regard to accrued rights and interests.

    Filed under:
    Australia, Western Australia, Insolvency & Restructuring, Litigation, Tax, Clayton Utz, Income tax, Liquidation, Liquidator (law), Pro rata, Corporations Act 2001 (Australia), High Court of Justice, High Court of Australia, Singapore High Court
    Location:
    Australia
    Firm:
    Clayton Utz
    Trust companies in liquidation - dealing with priority debts
    2016-07-12

    The decision in In the matter of Independent Contractor Services (Aust) could mean more reliance upon fair entitlements guarantee funding provided by the Commonwealth in relation to the liquidation of trading trusts.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz, Costs in English law, Audit, Beneficiary, Debt, Withholding tax, Liquidation, Liquidator (law), Discretionary trust, Corporations Act 2001 (Australia), Australian Taxation Office, New South Wales Supreme Court , Trustee
    Authors:
    Mikhail Glavac , Orla McCoy
    Location:
    Australia
    Firm:
    Clayton Utz
    Cross-border insolvency and ancillary relief
    2014-03-11

    The UNCITRAL Model Law on Cross-Border Insolvency is designed to supplement States' insolvency laws with a framework to address cross-border insolvency proceedings.

    Filed under:
    Australia, British Virgin Islands, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Clayton Utz, Debtor, Liquidation, UNCITRAL
    Authors:
    Matthew Wilson
    Location:
    Australia, British Virgin Islands
    Firm:
    Clayton Utz

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