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    Another bankruptcy court examines overriding royalty interests
    2015-09-09

    InIn re: Delta Petroleum Corp. (Bankr. Del. Apr. 2, 2015), the bankruptcy court (the “Court”) considered competing motions for summary judgment as to whether certain overriding royalty interests (“ORRIs”) constituted (1) mere contractual rights to payment that were discharged by the confirmed chapter 11 reorganization plan or (2) real property interests that were not part of the estate in bankruptcy and, thus, survived the trustee’s challenge.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Mayer Brown, United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    PRA update on Solvency II implementation
    2014-11-11

    On August 11, 2014, a consultation paper regarding the transposition of the Solvency II Directive into the Prudential Regulation Authority PRA (“PRA”) rules was published. The paper sets out changes to the PRA’s rules required to implement the Directive as amended by Omnibus Directive II.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Mayer Brown, Solvency II Directive (2009/138/EU), UK Prudential Regulatory Authority
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    New Companies Ordinance – old winding up and insolvency regime
    2014-01-30

    The existing provisions on the winding up of  companies in Hong Kong will continue to operate  after the new Companies Ordinance comes into  effect, which is expected to be on 3 March 2014.

    The new Companies Ordinance is an overhaul  covering many aspects of the existing Companies  Ordinance, including the following:

    Filed under:
    Hong Kong, Insolvency & Restructuring, Mayer Brown
    Authors:
    Thomas A. Pugh
    Location:
    Hong Kong
    Firm:
    Mayer Brown JSM
    Nortel & Lehman: Supreme Court makes the final decision on FSDs in insolvency
    2013-07-25

    The Supreme Court yesterday issued its decision in the long-running case concerning financial support directions (“FSDs”) issued by the UK Pensions Regulator to various companies in the Nortel and Lehman groups. The case considered where a company's obligations under an FSD should rank in relation to its other debts if the company was insolvent when the FSD was issued.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Debt, The Pensions Regulator, SCOTUS
    Authors:
    Andrew Block , Devi Shah
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Restructuring speech: speech by Joaquín Almunia on competition policy in times of restructuring
    2012-06-26

    On 22 June 2012, Almunia, Vice President of the European Commission responsible for Competition Policy gave a speech on competition policy in times of restructuring. He considered the challenges that the EU has been facing over the past weeks and months and how these challenges are shaped by the urgent need for economic restructuring and growth in Europe, the rapid globalisation of economic activity, and the fast evolving technological environment.

    Filed under:
    European Union, Competition & Antitrust, Insolvency & Restructuring, Mayer Brown, European Commission
    Location:
    European Union
    Firm:
    Mayer Brown
    Appoint provisional liquidators today; file the petition tomorrow...
    2012-01-13

    Did you know...that in urgent circumstances, the court may treat the presentation of a winding-up petition to the judge hearing the application for the appointment of provisional liquidators as being sufficient without the petition in fact having been presented at the office of the court registrar.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Mayer Brown
    Authors:
    Richard M. Tollan , Justine T. K. Lau
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    US FDIC and Federal Reserve propose rule on resolution plans and credit exposure reports
    2011-05-02

    The US Federal Deposit Insurance Corporation (FDIC) and the Board of Governors of the Federal Reserve System (FRB) have jointly approved a proposed rule requiring certain companies to periodically submit Resolution Plans (also referred to as “living wills”) and Credit Exposure Reports (the “Proposed Rule”) to the FRB and FDIC.1

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Insurance, Mayer Brown, Confidentiality, Consumer protection, Market liquidity, Federal Reserve Board, Bank holding company, Leverage (finance), Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), European Commission, Financial Stability Board, Federal Deposit Insurance Corporation (USA), Federal Reserve System
    Authors:
    Jeffrey P. Taft
    Location:
    USA
    Firm:
    Mayer Brown
    Bar date imposed for Lehman Brothers' Hong Kong entities
    2010-09-07

    The insolvency proceedings of the Lehman Brothers' group of companies worldwide ("Group") are among the most complicated ones we have seen. A significant factor contributing to the complexity is that many Group entities hold segregated assets (principally securities and funds) for their clients, which may be individuals or entities within or outside the Group.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Mayer Brown, Share (finance), Security (finance), Beneficiary, Liquidation, Lehman Brothers, KPMG, Trustee
    Authors:
    Richard M. Tollan , Edmund M. S. Ma
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Protecting trademark licensee’s right to continued use of trademark when licensor declares bankruptcy
    2010-07-06

    In the case of In re: Exide Technologies, decided on June 1, 2010, the US Court of Appeals for the Third Circuit reversed two lower court decisions and held that a 1991 agreement between Exide Technologies and EnerSys Delaware Inc., which included a license to EnerSys for use of the “EXIDE” trademark, is not an executory contract that can be rejected by Exide in bankruptcy proceedings.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Mayer Brown, Bankruptcy, Debtor, Breach of contract, Debtor in possession, US Code, United States bankruptcy court, Third Circuit
    Authors:
    Richard M. Assmus
    Location:
    USA
    Firm:
    Mayer Brown
    Trading Distressed Debt in the Middle East
    2022-07-07

    The active trading of loans made to a borrower that has become unable to repay in full (known as non-performing loans or distressed debt) has been a feature of the North American and European loan markets for a number of years.

    Filed under:
    Middle East, United Arab Emirates, Banking, Insolvency & Restructuring, Trade & Customs, Mayer Brown, Coronavirus
    Authors:
    Barry Cosgrave
    Location:
    Middle East, United Arab Emirates
    Firm:
    Mayer Brown

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