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    Southern District of New York deepens internal split over loophole in bankruptcy safe harbor for capital markets transactions
    2014-01-24

    The Bankruptcy Court for the Southern District of New York recently held in Edward S. Weisfelner, as Litigation Trustee of the LB Creditor Trust v. Fund 1., et al.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Debtor, Commodity broker, Leveraged buyout, Title 11 of the US Code
    Authors:
    Brian Trust , Joel Moss , Joaquin M. C De Baca
    Location:
    USA
    Firm:
    Mayer Brown
    LAG nürnberg erklärt Contractual Trust Arrangement für nicht insolvenzfest
    2013-06-24

    In einer vor wenigen Tagen veröffentlichten Entscheidung vom 14. November 2012 (2 Sa 837/10) hat das LAG Nürnberg sich mit den Anforderungen an die Insolvenzfestigkeit eines Contractual Trust Arrangements (CTA) beschäftigt. Im Ergebnis hat es dem streitgegenständlichen CTA die Insolvenzfestigkeit abgesprochen.

    Hintergrund

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Mayer Brown, Investment company
    Authors:
    Dr. Nicolas Rößler, LL.M. , Dr. Marco Wilhelm
    Location:
    Germany
    Firm:
    Mayer Brown
    German insolvency law – an overview
    2012-06-22

    German insolvency law is governed by a comprehensive Insolvency Code which entered into force on January 1, 1999 and has been amended from time to time, the last major reform being the Act for the Further Facilitation of the Restructuring of Companies (ESUG) which largely came into force as of 1 March 2012. There is only one primary uniform insolvency procedure which applies to both individuals and companies. In the following, we focus on companies.

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Legal personality, Debtor, Market liquidity, Liquidation
    Authors:
    Dr. Marco Wilhelm , Kevin Philipp Lach , Dr. Nicolas Rößler, LL.M.
    Location:
    Germany
    Firm:
    Mayer Brown
    New York becomes the 18th state to enact legislation addressing the treatment of qualified financial contracts under insurance insolvencies
    2011-12-21

    It finally happened. On 12 December 2011, New York Governor Andrew Cuomo signed Senate Bill 2713A into law. The bill, which was passed by the legislature in June, adds important provisions to the New York Insurance Law regarding the treatment of qualified financial contracts in an insurance insolvency proceeding.

    Filed under:
    USA, New York, Insolvency & Restructuring, Insurance, Mayer Brown
    Authors:
    Martin Mankabady , David W. Alberts , Lawrence R. Hamilton
    Location:
    USA
    Firm:
    Mayer Brown
    The point of no return - a balancing act
    2011-04-08

    In BNY Corporate Trustee Services Ltd v Eurosail UK 2007 - 3BL PLC & Ors, the English Court of Appeal has decided that the mere fact that a company’s aggregate liabilities exceed its assets may not render the company to be deemed unable to pay its debts under section 123(2) of the UK Insolvency Act 1986 (commonly referred to as the “balance sheet test”). The test is whether a company has reached a point of no return such that its state of affairs is not or is unlikely to continue having regard to its contingent and future liabilities.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Mayer Brown, Foreign exchange market, Interest, Swap (finance), Debt, Liability (financial accounting), Legal burden of proof, Liquidation, Balance sheet, Cashflow, Default (finance), Mortgage-backed security, Insolvency Act 1986 (UK), Lehman Brothers, Court of Appeal of England & Wales
    Authors:
    Sally Mui
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Recent bankruptcy decisions demonstrate importance of structuring considerations in financings of public-private partnerships
    2010-08-26

    The recent bankruptcy filings by infrastructure companies Connector 2000 Association Inc., South Bay Expressway, L.P., California Transportation Ventures, Inc., and the Las Vegas Monorail Company have tested the structures utilized to implement public-private partnerships (P3s) in the United States in several respects. It is still too early to draw definitive conclusions about the impact of these proceedings on P3 structures going forward, but initial rulings in two of the cases are already focusing the minds of project participants on threshold structuring considerations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Projects & Procurement, Mayer Brown, Bond (finance), Bankruptcy, Debtor, Collateral (finance), Concession (contract), Limited partnership, Public-private partnership, Franchise agreement, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    German insolvency law is geared towards liquidation of the debtor – insolvency plan procedures are only applied in exceptional cases
    2010-05-31

    German Insolvency Law

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Legal personality, Shareholder, Debtor, Board of directors, Market liquidity, Limited liability company, Debt, Liability (financial accounting), Liquidation, Balance sheet, Joint-stock company, Pro rata
    Authors:
    Dr. Marco Wilhelm , Kevin Philipp Lach , Dr. Nicolas Rößler, LL.M.
    Location:
    Germany
    Firm:
    Mayer Brown
    The Two Amigos become One Amigo
    2022-07-07

    Summary

    Almost a year to the day since the High Court rejected the Amigo loans group's previous proposal for a scheme of arrangement, on 23 May 2022, Mr Justice Trower sanctioned the group's latest scheme proposal which would create the conditions for the group to resume lending and resolve the claims of thousands of the group's customers arising from its lending practices.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Southern District of New York Holds That Bankruptcy Court Lacks Statutory Authority to Approve Non-Consensual Third-Party Releases
    2022-01-31

    In a December 16, 2021, decision,1 Judge Colleen McMahon of the US District Court for the Southern District of New York reversed the bankruptcy court order confirming the Chapter 11 plan of Purdue Pharma, L.P.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Mayer Brown, US District Court for SDNY
    Authors:
    Sean T. Scott , Aaron Gavant , Tyler R. Ferguson
    Location:
    USA
    Firm:
    Mayer Brown
    Mootness Muted? - Eighth Circuit Circumscribes Use of Equitable Mootness Doctrine to Bar Bankruptcy Plan Appeals
    2021-08-20

    In its August 5th, 2021 VeroBlue Farms decision,[1] the Eighth Circuit lent its voice to a growing body of criticism of the equitable mootness doctrine contending that its use to bar challenges to confirmed reorganization plans should be circumscribed.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Eighth Circuit
    Authors:
    Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown

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