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    The Second Circuit confirms that bankruptcy principles trump common law equity
    2009-01-15

    When a creditor seeks equitable relief in a bankruptcy court, must the court always follow common law principles of equity? Not according to several courts, including the Second Circuit. Concluding that the granting of equitable remedies may circumvent the Bankruptcy Code's equitable distribution system, courts have limited the application of equitable remedies in the bankruptcy context.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Surety, Debtor, Fraud, Interest, Division of property, Reinsurance, Unjust enrichment, Common law, Constructive trust, Title 11 of the US Code, SCOTUS, Second Circuit, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    White & Case LLP
    Creditor revives $110 million claim against a released guarantor
    2008-01-24

    Creditors often compromise disputed claims against debtors and their guarantors. In connection with the settlement of claims against a debtor and its guarantor, the creditor may give the debtor and the guarantor written releases from further liability in exchange for a settlement payment. But what if the creditor later surrenders a portion of the payment in settlement of a preference recovery action? Can the creditor revive the guarantee notwithstanding the release?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Surety, Debtor, National Insurance, Consideration, Liability (financial accounting), Remand (court procedure), Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel
    Location:
    USA
    Firm:
    White & Case LLP
    Bankruptcy court holds that prepayment of a liability does not preclude recovery of the payment as a preferential transfer
    2007-05-14

    In Official Committee of Unsecured Creditors v. Whalen (In re Enron Corp.), the Bankruptcy Court for the Southern District of New York considered whether the debtor’s pre-bankruptcy payment of an employment bonus one day before it became due was “for or on account of an antecedent debt owed by the debtor before such transfer was made” for purposes of determining whether section 547(b) of the Bankruptcy Code made the payment avoidable as a preferential transfer.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Interest, Employment contract, Debt, Liability (financial accounting), Title 11 of the US Code, Enron, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    Expedited Antitrust Merger Clearances in Bankruptcy
    2020-04-06

    Bankruptcy can provide important advantages to companies considering M&A activity today. M&A purchases of bankrupt companies obviously often feature significantly depressed valuations and a small universe of potentially viable purchasers.

    M&A activity that is part of the bankruptcy process will prioritize speed and efficiency, offering a number of potentially important benefits over the traditional merger process, including:

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White & Case LLP, Hart-Scott-Rodino Antitrust Improvements Act 1976 (USA), Federal Trade Commission (USA)
    Location:
    USA
    Firm:
    White & Case LLP
    Re: Attilan Group Ltd - A Cautious Beginning for Rescue Financing in Singapore
    2017-12-04

    On 8 November 2017, the High Court released its decision in Re Attilan Group Ltd [2017] SGHC 283 (the "Attilan" case). The decision is interesting as it marks the first time the High Court had the opportunity to hear arguments on section 211E of the Companies Act (the "Act") on super priority for rescue financing.

    Filed under:
    Singapore, USA, Insolvency & Restructuring, Litigation, White & Case LLP, Unsecured debt, Debt, Subsidiary, Debt restructuring, Companies Act, Singapore High Court
    Authors:
    Jonathan Olier
    Location:
    Singapore, USA
    Firm:
    White & Case LLP
    Обзор ключевых изменений в законодательство по вопросам реабилитации и банкротства
    2015-12-18

    13 ноября 2015 года был подписан Закон РК «О внесении изменений и дополнений в некоторые законодательные акты Республики Казахстан по вопросам реабилитации и банкротства» (далее – «Закон»), положения которого введены в действие 29 ноября 2015 года. Закон предусматривает поправки в Гражданский процессуальный кодекс РК, Налоговый кодекс РК, Закон РК «О реабилитации и банкротстве» и Закон РК «Об исполнительном производстве и статусе судебных исполнителей».

    Filed under:
    Russia, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor
    Location:
    Russia
    Firm:
    White & Case LLP
    UK Supreme Court rules in favour of unsegregated clients in Lehman Brothers International (Europe) (in administration)
    2012-03-19

    PwC, the administrators in the Lehman Brothers administration in the UK, have made several applications to the Court seeking directions on their approach to the distribution of clients’ money and assets. On 29 February 2012 the Supreme Court gave judgment on issues that are central to the interpretation and application of the rules for the protection of client money made by the Financial Services Authority. The issues raised are ones that have divided judicial opinion.

    Filed under:
    European Union, United Kingdom, Capital Markets, Insolvency & Restructuring, Litigation, White & Case LLP, MiFID, Lehman Brothers, FSA, UK Supreme Court
    Authors:
    Stuart Willey , Stephen Phillips
    Location:
    European Union, United Kingdom
    Firm:
    White & Case LLP
    Sections 1113 and 1114 — recent developments in the law regarding the rejection of collective bargaining agreements and the modification of retiree benefits
    2008-10-31

    The rejection of collective bargaining agreements or modification of retiree benefits under Bankruptcy Code §§ 1113 and 1114, respectively, were again of central importance in a number of airline cases.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, White & Case LLP, Collective bargaining
    Location:
    USA
    Firm:
    White & Case LLP
    Prepetition unsecured creditor defeats objection to claim for post-petition attorneys' fees
    2008-01-24

    In Travelers Casualty & Surety Co. of America v. Pacific Gas & Electric Company, the Supreme Court held that federal bankruptcy law does not automatically disallow claims for post-petition attorneys' fees incurred by a prepetition unsecured creditor simply because such fees are incurred in litigating issues arising under the Bankruptcy Code. The Court, however, left open the issue whether such claims may be disallowed on the basis that the attorneys' fees were incurred post-petition.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Surety, Debtor, Unsecured debt, Remand (court procedure), Unsecured creditor, SCOTUS, Ninth Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    Second Circuit expands standard for approval of a settlement under Bankruptcy Rule 9019
    2007-05-14

    In Motorola, Inc. v. Official Committee of Unsecured Creditors (In re Iridium Operating LLC, 478 F.3d 452 (2d Cir. 2007), the Second Circuit held that the most important factor for a bankruptcy court to consider in approving a pre-plan settlement pursuant to Bankruptcy Rule 9019 is whether the settlement’s distribution scheme complies with the Bankruptcy Code’s priority scheme. Prior to this ruling, courts in the Second Circuit generally considered the following factors when approving settlement agreements:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Unsecured debt, Security (finance), Interest, Federal Reporter, Limited liability company, JPMorgan Chase, Motorola, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP

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