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    High Court rules on third-party releases within deeds of company arrangement
    2010-05-25

    Background
    Judgment
    Schemes of arrangement
    Costs

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Statutory interpretation, Consideration, Debt, Deed, Liquidation, Majority opinion, Lehman Brothers, Corporations Act 2001 (Australia), High Court of Australia
    Authors:
    Amanda Banton
    Location:
    Australia
    Firm:
    Piper Alderman
    Supreme Court of Canada: GST deemed trusts are inoperative in CCAA proceedings
    2010-12-23

    On December 16, 2010, the Supreme Court of Canada ( SCC) released its decision in Re Ted Leroy Trucking Ltd. In its decision, the SCC affirmed the importance of the Companies’ Creditors Arrangement Act (CCAA) as a flexible restructuring tool, and clarified the source and limits of the Court’s authority during CCAA proceedings. Furthermore, the Court overruled the judgment of the B.C.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Debtor, Excise, Liquidation, Good faith, Majority opinion, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), Court of Appeal of England & Wales, Supreme Court of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    Common sense counts when construing commercial contracts
    2011-11-17

    In Rainy Sky S.A and six others v Kookmin Bank [2011] UKSC 50, the Supreme Court provided useful guidance on the role of business common sense in construing a clause in a commercial contract, particularly in circumstances where there are competing plausible constructions, neither of which is clearly preferable on the language used alone.

    The facts

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Shipping & Transport, RPC, Bond (finance), Condition precedent, Consideration, Default (finance), Majority opinion, Supreme Court of the United States, UK Supreme Court, Singapore High Court
    Authors:
    Daniel Hemming
    Location:
    United Kingdom
    Firm:
    RPC
    Scottish Lion: UK court permits solvent scheme to proceed to merits hearing over U.S. policyholder objections
    2010-02-16

    For nearly a year, the Scottish Lion Insurance Company, Limited ( “Scottish Lion”), an insurance company that wrote coverage in the London insurance market, has been litigating with its creditors (policyholders), including many U.S. creditors, to permit it to enter into what is known under U.K. law as a solvent scheme of arrangement. A Scottish appellate court recently ruled in favor of Scottish Lion on a preliminary question of whether such a scheme could be sanctioned under U.K. law despite opposition from a minority of U.S.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Insurance, Litigation, Jenner & Block LLP, Liability (financial accounting), Voting, Precondition, Majority opinion, Supreme Court of the United States, Court of Session
    Authors:
    Brian S. Scarbrough
    Location:
    United Kingdom, USA
    Firm:
    Jenner & Block LLP
    U.K. court protects U.S. policyholders by rejecting solvent scheme
    2010-01-07

    At the urging of U.S. policyholders, a Scottish court recently rejected a Scottish insurance company’s efforts to close its books and avoid full liability for long-tail claims when the insurance company is solvent and entirely capable of paying claims.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Insurance, Litigation, Jenner & Block LLP, Liability (financial accounting), Liquidation, Voting, Liability insurance, Dissenting opinion, Majority opinion, Court of Session
    Authors:
    Brian S. Scarbrough
    Location:
    United Kingdom
    Firm:
    Jenner & Block LLP
    Sigma Finance Corporation: substituting a commercial bargain through the guise of interpretation?
    2009-11-06

    The first appeal ruling from the newly formed UK Supreme Court concerned the construction of a clause setting out the distribution of assets in a collapsed structured investment vehicle (“SIV”). For the creditors attempting to salvage the remains of the SIV, and onlookers in similar situations, the judicial process has been a rollercoaster ride which has left them reeling.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, White & Case, Security (finance), Market liquidity, Margin (finance), Subprime lending, Deed, Liability (financial accounting), Majority opinion, Trustee, Supreme Court of the United States, Court of Appeal of England & Wales, High Court of Justice (England & Wales), UK Supreme Court
    Authors:
    John Higham KC , John Reynolds , Sona Ganatra
    Location:
    United Kingdom
    Firm:
    White & Case
    Housing Grants, Construction and Regeneration Act 1996
    2007-06-01

    Termination, rights to withhold payment and withholding notices under the Housing Grants, Construction and Regeneration Act 1996 Under the JCT suite of contracts, an employer is entitled to terminate the contractor’s employment where the contractor has become insolvent (including the appointment of administrative receivers in relation to the contractor). If an employer exercises this right of termination, the JCT provisions set out the resulting financial consequences.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Litigation, Norton Rose Fulbright, General contractor, Independent contractor, Design, Majority opinion, House of Lords
    Location:
    United Kingdom
    Firm:
    Norton Rose Fulbright
    Important U.S. Supreme Court Ruling Clarifies Proper Pursuit of Debt in Bankruptcy Proceedings
    2017-05-18

    Debt collectors scored a win on Monday when the United States Supreme Court ruled that pursuing stale debt is not a violation of the Fair Debt Collection Practices Act (“FDCPA”).

    The case of Midland Funding LLC v Aleida Johnson addressed an ongoing issue for creditors, debt collectors and consumers. As debts age, and are often sold, there remains a question of how far collectors may go to pursue payment on the debt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ulmer & Berne LLP, Credit card, Bankruptcy, Statute of limitations, Limited liability company, Debt, Legal burden of proof, Majority opinion, Fair Debt Collection Practices Act 1977 (USA), Trustee, Supreme Court of the United States, Eleventh Circuit
    Authors:
    Jennifer Monty Rieker , Reuel D. Ash
    Location:
    USA
    Firm:
    Ulmer & Berne LLP
    Know When to Fold ‘Em - Texas Bankruptcy Court Enjoins Losing Bidder’s “Sour Grapes” Attempt to Bring Derivative Claims Under the Guise of Direct Claims
    2016-07-12

    Today’s post covers a recent decision by the United States Bankruptcy Court for the Southern District of Texas in the Chiron Equities, LLCcase. In that case, the court ordered a preliminary injunction to stop non-bankruptcy court litigation in a dispute between a majority shareholder, a minority shareholder, and his wife.

    Filed under:
    USA, Texas, Derivatives, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Shareholder, Debtor, Injunction, Breach of contract, Fiduciary, Limited liability company, Preliminary injunction, Majority opinion, Derivative suit, United States bankruptcy court, US District Court for Southern District of Texas
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Supreme Court Holds That “Actual Fraud” Under Section 523(a)(2)(A) of the Bankruptcy Code May Include Fraudulent Transfers That Occur Without False Representations
    2016-06-20

    On May 16, 2016, the United States Supreme Court in Husky International Electronics v. Ritz held that the phrase “actual fraud” under section 523(a)(2)(A) of the Bankruptcy Code may include fraudulent transfer schemes that were effectuated without a false representation. Section 523(a)(2)(A) provides that an individual debtor will not be discharged from certain debts to the extent that those debts were obtained by false pretenses, false representations or actual fraud.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, White Collar Crime, Sheppard Mullin Richter & Hampton LLP, Bankruptcy, Fraud, Debt, Majority opinion, Supreme Court of the United States, Fifth Circuit
    Authors:
    Michael T. Driscoll
    Location:
    USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP

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