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    A Growing Circuit Split: Does the IRS Have Sovereign Immunity from Fraudulent Transfer Claims under 11 U.S.C. § 544(b)(1)?
    2022-03-31

    The Bankruptcy Protector

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Nelson Mullins Riley & Scarborough LLP, Internal Revenue Service (USA), Supreme Court of the United States, Ninth Circuit
    Authors:
    John T. Baxter
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP
    Must Foreign Debtors Have U.S. Property to be Eligible for Relief under Chapter 15?
    2022-03-29

    Chapter 15 of the U.S. Bankruptcy Code provides a streamlined process for recognition (a form of comity) of a foreign insolvency proceeding. However, courts are divided as to whether a foreign debtor must satisfy the general definition of “debtor” as that term is used in section 109(a) of the Bankruptcy Code, which requires a debtor seeking bankruptcy relief to reside or have a domicile, a place of business, or property in the United States.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Blank Rome LLP, US Congress, Second Circuit, Eleventh Circuit, US District Court for Middle District of Florida
    Authors:
    Rick Antonoff , Evan Jason Zucker
    Location:
    USA
    Firm:
    Blank Rome LLP
    Unprecedented precedents: English court winds up publicly listed company for loss of substratum
    2022-03-29

    The English High Court case Duneau v Klimt Invest SA & Ors [2022] EWHC 596 (Ch) is perhaps the first decision where a public listed company was wound up under section 122(1)(g) of the UK Insolvency Act 1986 on the just and equitable ground for loss of substratum. The case also considered whether a public listed company can be subject to equitable considerations and constraints such as those which apply in the context of quasi-partnership cases.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Simmons & Simmons
    Authors:
    Mohammed Reza , Darren Low
    Location:
    United Kingdom
    Firm:
    Simmons & Simmons
    Non-party costs orders (and liquidators)
    2022-03-29
    • Introduction
    • Background
    • Decision
    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Reynolds Porter Chamberlain, Liquidation
    Authors:
    Antony Sassi
    Location:
    United Kingdom
    Firm:
    Reynolds Porter Chamberlain
    Smile telecoms restructuring plan sanctioned by Lord Justice Snowden - A number of restructuring plan ‘firsts’ established
    2022-03-30

    Despite a valuation fight, the Senior Lenders primed by Super Senior Debt in RP1 have had their debt written off in full in RP2 without even being given the opportunity to vote on the latter restructuring plan.

    The case emphasizes that it is not enough for junior creditors to send letters to the court objecting to the RP and then expect the court to argue their case for them. In the words of Lord Justice Snowden, “they must stop shouting from the spectators’ seats and step up to the plate”.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Greenberg Traurig LLP, Power of attorney, Coronavirus
    Authors:
    John Houghton , Rupert Cheetham
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Releases: How Did We Get Here and What is Next?
    2022-03-28

    As a result of Purdue Pharma’s proposed plan of reorganization, and the ongoing opioid epidemic that continues to grip the nation, the debate over non-consensual third-party releases has gone mainstream despite being a popular tool for debtors for decades.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP
    Authors:
    Daniel A. Lowenthal , Kimberly Black
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Withdrawal of CIRP May Save Corporate Debtor
    2022-03-28

    This article was first published in India Business Law Journal on 4 March 2022

    Filed under:
    India, Insolvency & Restructuring, Litigation, Bharucha & Partners
    Location:
    India
    Firm:
    Bharucha & Partners
    Re JD Group Ltd [2022] EWHC 202 (Ch) (03 February 2022)
    2022-03-29

    A director has been found liable in the High Court for fraudulent trading as a result of failing to carry out proper due diligence in a series of transactions which were found to be part of a VAT fraud scheme.

    The claim was brought against the director by the Liquidator of JD Group Limited (the “Company”).

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, DAC Beachcroft, Due diligence, HM Revenue and Customs (UK)
    Authors:
    Daniel Woodruff , Graham Ludlam
    Location:
    United Kingdom
    Firm:
    DAC Beachcroft
    Singapore Court of Appeal Settles Controversy on When a Grant of Security to Cover Existing Indebtedness May Amount to a Transaction at an Undervalue
    2022-03-29

    Introduction  

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Authors:
    Lee Eng Beng, SC , Sim Kwan Kiat , Chua Beng Chye , Raelene Pereira , Torsten Cheong
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    The (third) party’s over? Recent Decisions cast doubt on the continued vitality of third party releases in chapter 11 reorganizations
    2022-03-29

    Two recent decisions by U.S. District Courts have rejected attempts to include nonconsensual third party releases in chapter 11 reorganization plans. These rulings suggest third party releases may be facing increasing push back from the courts.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Proskauer Rose LLP, US Congress
    Authors:
    Julia D. Alonzo , Elliot R. Stevens
    Location:
    USA
    Firm:
    Proskauer Rose LLP

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