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    Marme Inversiones 2007 S.L. v The Royal Bank of Scotland et al [2016] EWHC 1570 (Comm)
    2016-07-08

    The UK Commercial Court has dismissed the Claimant's application for a stay under Article 28 of the Judgments Regulation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ashfords LLP, Commercial property, Interest, Swap (finance), Liquidation, Cashflow, Default (finance), Exclusive jurisdiction, Stay of execution, The Royal Bank of Scotland, High Court of Justice
    Authors:
    Emma Clayton
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Cross Border Restructuring and Insolvency Update - May 2016
    2016-05-31

    Short stories

    Amendments to the Czech Insolvency Act 2016

    Filed under:
    Czech Republic, Global, Hungary, India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Liquidation
    Authors:
    Alan Bennett , Emma Clayton , Olivia Bridger
    Location:
    Czech Republic, Global, Hungary, India
    Firm:
    Ashfords LLP
    Rodney Mark Gardner v Lemma Europe Insurance Co Ltd (In Liquidation) [2016] EWCA Civ 484
    2016-05-27

    The Court of Appeal has considered the High Court's previous refusal to lift the automatic stay imposed by Article 20 of the Cross-Border Insolvency Regulations 2006 ("Model Law").

    Filed under:
    Gibraltar, United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Ashfords LLP, Conflict of interest, Liquidation
    Authors:
    Emma Clayton
    Location:
    Gibraltar, United Kingdom
    Firm:
    Ashfords LLP
    In re Creative Finance Ltd. (In Liquidation), No. 14-10358, 2016 WL 156299 (Bankr. S.D.N.Y. Jan. 13, 2016)
    2016-03-30

    The US Bankruptcy Court for the Southern District of New York has dismissed a case filed under Chapter 15 of the US Bankruptcy Code as the debtor's centre of main interest ("COMI") was not in the jurisdiction where the initial Liquidation was filed.

    Creative Finance Ltd was incorporated in the British Virgin Islands in 1995. However the Company's main trade occurred in England, Dubai and Spain. In December 2013 the Company filed for Liquidation in the BVI, being its place of incorporation, and a Liquidator was duly appointed.

    Filed under:
    British Virgin Islands, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP, Liquidation, United States bankruptcy court
    Authors:
    Emma Clayton
    Location:
    British Virgin Islands, USA
    Firm:
    Ashfords LLP
    (1) Russell Crumpler (2) Sarah Bower (Joint Liquidators of Peak Hotels & Resorts LTD in Liquidation) v Candey LTD (2018)
    2018-11-21

    The joint liquidators of Peak Hotels & Resorts Limited ("Peak") brought an unsuccessful appeal that a legal charge held over funds paid into court ("Funds") was incapable of enforcement. The court dismissed the appeal on the basis that Peak did retain a proprietary interest over the funds.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Interest, Deed, Reinsurance, Liquidation
    Authors:
    Alan Bennett , Emma Hindon
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Provider preparedness in the wake of CoOportunity health's liquidation
    2015-03-18

    On March 2, 2015, the Iowa District Court for Polk County entered a Final Order of Liquidation against CoOportunity Health, Inc. ("CoOportunity") after previously placing CoOportunity under a rehabilitation order. 

    Filed under:
    USA, Iowa, Insolvency & Restructuring, Litigation, Jones Day, Liquidation
    Location:
    USA
    Firm:
    Jones Day
    Mexicana Airlines files for bankruptcy
    2010-08-06

    Mexicana Airlines has reported that it has filed for bankruptcy protection in Mexico and will seek to reorganize. What does this mean for aircraft lessors and other creditors of Mexicana Airlines?  

    The Mexican Business Reorganization Act

    Filed under:
    Mexico, Aviation, Insolvency & Restructuring, White & Case LLP, Bankruptcy, Debtor, Unsecured debt, Concession (contract), Mediation, Liquidation, Default (finance)
    Authors:
    Christian W. Hansen
    Location:
    Mexico
    Firm:
    White & Case LLP
    A “claim” by any other name: the Third Circuit overrules Frenville
    2010-06-08

    On June 2, 2010, the Third Circuit overruled longstanding precedent interpreting the definition of a “claim” under the Bankruptcy Code. In JELD-WEN, Inc. v. Van Brunt (In re Grossman’s Inc.), No. 09-1563, slip op., (3d Cir. June 2, 2010) an en banc panel rejected the state law accrual theory of claims recognition established in Avellino & Bienes v. M. Frenville Co. (Matter of M. Frenville Co.), 744 F.2d 332 (3d Cir. 1984), in favor of the more widely followed conduct test theory.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Unsecured debt, Federal Reporter, Due process, Liquidation, Remand (court procedure), Bankruptcy discharge, US Code, Federal Communications Commission (USA), US House of Representatives, SCOTUS, United States bankruptcy court, Third Circuit, Fourth Circuit
    Location:
    USA
    Firm:
    White & Case LLP
    Peruvian law to allow netting of swap transactions and repurchase agreements in bankruptcy proceedings
    2009-06-24

    Recent changes in Peruvian insolvency laws1 will now allow financial institutions and insurance company counterparties to close-out and net obligations under derivatives and repurchase agreements with Peruvian financial institutions or insurance companies which become subject to bankruptcy proceedings.

    Filed under:
    Peru, Derivatives, Insolvency & Restructuring, White & Case LLP, Bankruptcy, Conflict of laws, Security (finance), Discovery, Swap (finance), Liquidation, Default (finance), Capital punishment, International Swaps and Derivatives Association
    Authors:
    Ian Cuillerier
    Location:
    Peru
    Firm:
    White & Case LLP
    Hitting the brakes on legislative interference with the property rights of automakers’ secured creditors
    2009-01-30

    The recent financial crisis has resulted in events that once seemed impossible. Recently, in the federal government’s attempts to bail out the auto industry, an event unprecedented in American history almost occurred: the forced subordination of existing secured debt to new loans issued by the federal government. If the government were to revive this concept in future bailouts and attempt to subordinate the liens of secured creditors, a suit challenging the constitutionality of such action would have a good chance of success.

    The Potential For Forced Subordination

    Filed under:
    USA, Insolvency & Restructuring, White & Case LLP, Bankruptcy, Debtor, Market liquidity, Debt, Bailout, Liquidation, Troubled Asset Relief Program, Secured loan, US Federal Government, US House of Representatives
    Location:
    USA
    Firm:
    White & Case LLP

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