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    English Court approves Aggregate restructuring plan at second attempt
    2024-04-08

    On 4 March 2024, the High Court approved the amended restructuring plan (the Plan) of Project Lietzenburger Straße Holdco S.à.r.L (the Company) a Luxembourg incorporated company part of the German Aggregate Holdings Group, despite refusing to sanction its original plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Anneliese Amoah , Louise Jennings
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Texas Bankruptcy Court Declines to Deem Nonvotes as Votes in Favor of Plan (US)
    2024-04-08

    As seen in the recent proliferation of bankruptcy cases seeking a structured dismissal or conversion after a successful sale, debtors constantly seek creative and efficient ways to wind up a case, including through a traditional plan of liquidation. Yet, as discussed below, debtors must ensure that any proposed voting procedures for a plan comply with section 1126 of the Bankruptcy Code, or are at least supported by, or supportable with, prior precedent.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Delaware Bankruptcy Court Grants Creditors' Committee of Debtor LLC Derivative Standing
    2024-04-10

    Highlights

    Filed under:
    USA, Delaware, Derivatives, Insolvency & Restructuring, Litigation, Holland & Knight LLP, Delaware Court of Chancery, Delaware Supreme Court
    Authors:
    Heather Cantu Montoya , Lisa Kim , Barbra R. Parlin
    Location:
    USA
    Firm:
    Holland & Knight LLP
    Southern District of New York rules that “time” approach applies to calculating landlord’s lease termination claim in bankruptcy cases
    2024-04-10

    Bankruptcy Code Section 502(b)(6) establishes a Statutory Cap on the damages a landlord can claim arising from the termination of a lease in bankruptcy case. Courts have split on how to calculate the Statutory Cap, whether and how to apply letters of credit to reduce the Statutory Cap, and whether the Statutory Cap applies to a landlord’s claims against a lessee’s debtor-guarantor.

    On March 26, 2024, the US District Court for the Southern District of New York issued an opinion addressing the foregoing issues:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, DLA Piper
    Authors:
    Robert Klyman
    Location:
    USA
    Firm:
    DLA Piper
    Ireland v England examinerships and administrations
    2024-03-08

    Introduction

    The proud sporting nations of Ireland and England have for some time traded blows and bragging rights within the Six Nations Tournament as the two pre-eminent and consistent "Home Nations" rugby teams. While the two sides share some similarities in the rebuilding process following the World Cup in France 2023, ahead of this Saturday's clash, few can argue with Ireland's emphatic start to this year's tournament. England, however, can never be written off at Twickenham, so a potential blockbuster awaits!

    Filed under:
    Ireland, United Kingdom, England, Company & Commercial, Insolvency & Restructuring, Litigation, Dentons, Insolvency, Companies Act 2006 (UK)
    Authors:
    Gareth Steen , Gemma Freeman , Mark Price , Aaron McCarthy , Neil Griffiths
    Location:
    Ireland, United Kingdom
    Firm:
    Dentons
    The Interplay of Cryptocurrency with Insolvency Law: Singapore High Court clarifies that cryptocurrency liabilities are a debt under the Insolvency, Restructuring, and Dissolution Act 2018
    2024-03-08

    Introduction

    Filed under:
    Singapore, Banking, Compliance Management, Insolvency & Restructuring, IT & Data Protection, Litigation, Oon & Bazul LLP, Blockchain, Cryptocurrency, Non-fungible tokens, Insolvency, Singapore High Court
    Authors:
    Bazul Ashhab , Lionel Chan
    Location:
    Singapore
    Firm:
    Oon & Bazul LLP
    New South Wales Supreme Court rejects bid to advance small business restructuring
    2024-03-07

    In a proceeding brought by Mr Curran, in his capacity as the trustee for June Ellen Investment Trust (Plaintiff), to wind up Fitzgerald Housing Limited (formerly known as Kay Fitzgerald Housing Charity Limited) (Defendant), the New South Wales Supreme Court considered whether it was necessary to adjourn the winding up proceeding to allow the Defendant to advance a small business restructuring process (Restructuring).

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Gadens, Corporations Act 2001 (Australia)
    Authors:
    Guy Edgecombe
    Location:
    Australia
    Firm:
    Gadens
    Overview of section 151 of the Personal Property Securities Act 2009
    2024-03-07

    The decision in RPPS v Brookfield is the first recorded instance of s 151 of the PPSA being enforced (with a $30,000 penalty imposed for an improper registration). It serves as a caution to those making spurious registrations, but reasonably diligent and responsible parties should have no cause for alarm.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Real Estate, Gilbert + Tobin, Personal Property Securities Act 2009 (Australia), Administrative Appeals Tribunal
    Authors:
    Orla McCoy , Peter Bowden , Anna Schwartz , Sofia Kranjec
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    Supremes First Side With 144 Claimants Against >82,000 Other Claimants, But Then Vacate: A Good Sign? (Lujan Claimants v. Boy Scouts)
    2024-03-07

    Congress, the federal appellate courts and the U.S. Supreme Court all need to recognize this historical reality:

    • bankruptcy is an efficient and effective tool for resolving mass tort cases, as demonstrated by cases with huge-majority approval votes from tort victims.

    And all those institutions need to prevent anti-bankruptcy biases, legal technicalities, and hold-out groups from torpedoing the huge-majority votes.

    Supreme Court moving in the right direction?

    Filed under:
    USA, Nebraska, Insolvency & Restructuring, Litigation, Koley Jessen PC, Bankruptcy, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Donald L. Swanson
    Location:
    USA
    Firm:
    Koley Jessen PC
    English Court sanctions McDermott restructuring plan
    2024-03-07

    On 27 February 2024, the High Court sanctioned a restructuring plan (the Plan) proposed by CB&I UK Limited (CB&I), part of the global McDermott construction and engineering group (the Group). This is the first English restructuring plan to be approved after the Court of Appeal judgment in Adler (see our Alert) and follows the guidance in that case.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Amy Patterson
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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