Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Preference Avoidance Actions: When Late is Ordinary
    2021-04-27

    A recent case shows how even late payments can be used to satisfy the ordinary course of business defense in a preference avoidance action. Baumgart v. Savani Props Ltd. (In re Murphy), Case No. 20-11873, Adv. Pro. No. 20-1070, 2021 Bankr. LEXIS 1035 (Bankr. N.D. Ohio Apr. 19, 2021).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Protecting property against creditors
    2021-04-27

    When an individual declares bankruptcy, the trustee-in-bankruptcy (trustee) may be able to claim, and sell, some of the bankrupt’s assets. The trustee can then use the proceeds from the sale to repay any money owed to creditors. Assets may include, but are not limited to, real estate, vehicles, tools, equipment, furniture, bank balances and lottery winnings.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Wolters Kluwer Asia-Pacific
    Location:
    Australia
    Firm:
    Wolters Kluwer Australia
    New Chapter 11 Filing - Royal Blue Realty Holdings, Inc.
    2021-04-27

    On April 26, 2021, Royal Blue Realty Holdings, Inc., a New York-based real estate company, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 21-10802). The company reports $1 million to $10 million in assets and $10 million to $50 million in liabilities.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC
    Location:
    USA
    Firm:
    Cole Schotz PC
    Cross Border Restructurings and Releases of Non-Debtor Guarantors: Chapter 15 Update
    2021-04-26

    Third-party releases, particularly releases of non-debtor affiliated guarantors, are commonly a critical feature of a successful cross-border restructuring. In U.S. restructurings, where New York law typically governs the arrangements among a borrower, its lenders/noteholders and its guarantors, the restructuring or release of the primary obligor does not, without more, result in the restructuring or release of the guarantors’ obligations in respect of the guarantees. For this reason, in U.S.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer
    Authors:
    Madlyn Gleich Primoff , Alexander Rich
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer
    Court of Appeal overturns decision that suggested damages might be calculated differently where claimant is hopelessly insolvent
    2021-04-26

    The Court of Appeal has struck out Quincecare duty and dishonest assistance claims brought by the liquidators of a company operating a Ponzi scheme against a correspondent bank that operated various accounts for the company.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Balance Sheet and Acknowledgement of Debt in IBC - Hanging in Balance No More!
    2021-04-26

    A three-judge Bench of the Supreme Court (SC), by a common judgement in Asset Reconstruction Company (India) Limited vs. Bishal Jaiswal (15 April 2020, Civil Appeal No 323 of 2021) and related matters, has held that the  for the purposes of Insolvency and Bankruptcy Code, 2016 (IBC), balance sheet entries  could constitute an acknowledgment of debt under Section 18 of the Limitation Act, 1963 (Limitation Act). 

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Supreme Court of India
    Authors:
    Rajeev Vidhani , Vishnu Shriram , Abhimanyu Phadke
    Location:
    India
    Firm:
    Khaitan & Co
    Part 26A challenge costs: to be determined following Virgin Active sanction
    2021-04-23

    A balancing act

    Creditors with legitimate grounds to challenge scheme or restructuring plan proposals and who assist the court in so doing should not be unduly discouraged by the costs regime. At the same time, frivolous arguments should not be supported with the promise of a costs award without consideration of party’s interests and other factors.

    Virgin Active restructuring plans

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Irwin Mitchell LLP, Creditors' rights, Coronavirus
    Authors:
    Claire Hammond
    Location:
    United Kingdom
    Firm:
    Irwin Mitchell LLP
    Repudiation of contracts / leases flying high after Irish High Court decision in the Norwegian Air Shuttle ASA examinership
    2021-04-23

    The Irish High Court has delivered its judgment on repudiation of contracts (including leases and guarantees) in the Norwegian case which will be of interest to the aviation and restructuring and insolvency communities alike.

    The key takeaways from the judgment (which will be dealt with in more detail in a future article) are:

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Arthur Cox LLP
    Authors:
    William Day , John Donald , Ruth Lillis , Frances Flynn , Philippa Pierse
    Location:
    Ireland
    Firm:
    Arthur Cox LLP
    Court Intervention in a Judicial Manager's Decision - The Test for Unfair Prejudice
    2021-04-23

    Introduction  

    Under Singapore's restructuring and insolvency regime, a judicial manager has a degree of discretion in managing the affairs of the company in judicial management. However, the Court may intervene in a decision of a judicial manager if it is unfairly prejudicial to the interests of the company's creditors or members.

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, Rajah & Tann Asia
    Authors:
    Mark Cheng , Zi Wei Ho
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Emerging Trends in the Retail and Hospitality Occupancy Market
    2021-04-23

    The impact of Covid-19 has been felt across the commercial property sector; nowhere more acutely, perhaps, than in "bricks and mortar" retail and hospitality.

    Even pre-pandemic, the high street was being forced to adapt to the growth of eCommerce. But consecutive lockdowns have expedited the shift; for some, that change will be irreversible.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Morton Fraser MacRoberts, Coronavirus
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 507
    • Page 508
    • Page 509
    • Page 510
    • Current page 511
    • Page 512
    • Page 513
    • Page 514
    • Page 515
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days