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    Opinion of Interest - In re Cinemex: COVID or Not, Parties Still Bound by Lease Terms
    2021-03-04

    In a recent opinion issued in the Cinemex theater bankruptcy cases, In re Cinemex USA Real Estate Holdings, Inc., Case No. 20-14695-BKC-LMI, 2021 WL 564486 (Bankr. S.D. Fla. Jan. 27, 2021), Judge Laurel M. Isicoff of the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Mayer Brown, Bankruptcy, Coronavirus
    Location:
    USA
    Firm:
    Mayer Brown
    Opinion of Interest - In re Serendipity Labs, Inc.
    2020-12-04

    The U.S. Bankruptcy Court for the Northern District of Georgia ruled in In re Serendipity Labs, Inc., 620 B.R. 679 (Bankr. N.D. Ga.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy
    Authors:
    Samuel R. Rabuck , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    What is Changing in the Pensions Insolvency World? Introducing the Corporate Insolvency and Governance Act 2020
    2020-07-23

    The Corporate Insolvency and Governance Act 2020 is far-reaching with its implications extending to pension schemes. Pension scheme employers and trustees should ensure that they are familiar with the provisions of the Act, and the potential impact that they could have on schemes, employers and savers.

    Introduction

    The Act received royal assent on Thursday 25 June. The Act passed through Parliament very quickly, so that its provisions can be used by companies experiencing financial difficulty as a result of the COVID-19 pandemic. The Act contains:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Corporate governance, Coronavirus, Pension Protection Fund
    Authors:
    Devi Shah , Nicola Collins
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    UK Government Publishes UK Restructuring and Insolvency Law Reforms
    2020-05-20

    On May 20, 2020, the UK Government published its much anticipated draft legislation (the Corporate Governance and Insolvency Bill) which aims to provide greater opportunities for company survival and better returns for creditors during and after the COVID-19 emergency. The Government intends to ask Parliament to expedite progress of the Bill.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Mayer Brown, Corporate governance, Coronavirus
    Authors:
    Devi Shah , Alexandra Wood , Fatema Begum
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Bankruptcy trustee appeals Seventh Circuit’s ruling on sufficiency of UCC collateral description to US Supreme Court
    2020-01-27

    Last October we highlighted an important ruling issued in September 2019 by the Seventh Circuit in the bankruptcy proceeding of In re I80 Equipment, LLC.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, SCOTUS, Illinois Supreme Court
    Location:
    USA
    Firm:
    Mayer Brown
    Supreme Court Holds That A Creditor Cannot Be Held In Contempt For Violating A Bankruptcy Discharge Order If There Is A “Fair Ground Of Doubt” As To The Lawfulness Of The Creditor’s Conduct
    2019-06-03

    Taggart v. Lorenzen, No. 18-489

    Today, the Supreme Court held 9-0 that a creditor cannot be held in contempt of court for violating a bankruptcy discharge order if there is a “fair ground of doubt” as to whether the order barred the creditor’s conduct.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Bankruptcy discharge, Title 11 of the US Code, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    Government plans new measures on insolvency and corporate governance
    2018-09-25

    The government has published its response to the consultation on insolvency and corporate governance. The document sets out its proposed next steps; in some areas the government will legislate but in other areas further consultation will be needed.

    The proposed insolvency reforms include

    • the introduction of a new moratorium to give ultimately viable financially distressed companies a period of time when creditors (including secured creditors) cannot take action against the company, allowing it to make preparations to restructure or seek new investment;

    Filed under:
    United Kingdom, Company & Commercial, Construction, Insolvency & Restructuring, Mayer Brown
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Will he or won’t he? Can a corporate litigant plead impecuniosity when its controlling shareholder has the means to make a payment ordered by the English Courts?
    2018-01-22

    English courts recognise that shareholders hold a separate legal personality from the body corporate they own a stake in and will only go behind the corporate veil in limited circumstances. In the recent case of Onur Air Taşimacilik AŞ v Goldtrail Travel Ltd (In Liquidation) 1 , the Court of Appeal considered whether the financial means of the appellant’s wealthy controlling shareholder could be taken into account when making an order that the appellant had to make a substantial payment into court as a condition of being able to pursue its appeal.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Court of Appeal (England and Wales)
    Authors:
    Susan Rosser
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    BFH verwirft Sanierungserlass des BMF - Veränderungen bei der Besteuerung von Sanierungsgewinnen
    2017-02-14

    Mit seinem Beschluss vom 28. November 2016 (veröffentlicht am 8. Februar 2017) hat der Große Senat des Bundesfinanzhofs („BFH“) den sogenannten „Sanierungserlass“ (BStBl. I 2003, 240; ergänzt durch BStBl. I 2010, 18) des Bundesfinanzministeriums („BMF“) verworfen. Dieser hatte bislang eine Steuerbefreiung von Sanierungsgewinnen über den Weg eines Billigkeitserlasses der Steuerzahlung nach §§ 163, 227 Abgabenordnung („AO“) ermöglicht.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Mayer Brown, Federal Ministry of Finance (Germany)
    Authors:
    Dr. Marco Wilhelm
    Location:
    Germany
    Firm:
    Mayer Brown
    Liquidators, do not brush aside personal liability for costs at super speed
    2016-01-21

    Did you know that when a liquidator makes a court application, it is important to identify the appropriate applicant, not only as a procedural matter, but also from a costs perspective?

    All good where the liquidator succeeds in the court application

    Filed under:
    Hong Kong, Insolvency & Restructuring, Insurance, Litigation, Mayer Brown, Liquidator (law)
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM

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