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    anti-deprivation: a question of substance not form
    2011-07-29

    In the much anticipated decision of Belmont Park Investments PTY Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc [2011] UKSC 38 the Supreme Court has unanimously dismissed the appeal of Lehman Brothers Special Financing Inc (“LBSF”) and in so doing provided clarification as to the scope and application of the anti-deprivation rule (the “Rule”).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Collateral (finance), Interest, Swap (finance), Consideration, International Swaps and Derivatives Association, Lehman Brothers, Court of Appeal of England & Wales, UK Supreme Court
    Authors:
    Devi Shah , Ashley Katz , Kristy Zander , Alexandra Wood , Jennifer Fox
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Dodd-Frank: Title II Orderly Liquidation Authority
    2011-01-31

    On 18 January 2011, the Federal Deposit Insurance Corporation (“FDIC”) issued an interim final rule (the “Rule”) with request for comments regarding certain provisions of Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd- Frank Act”). Title II creates the Orderly Liquidation Authority (“OLA”), which is a mechanism under which “covered financial companies” can be liquidated in a uniform fashion rather than under inconsistent insolvency regimes.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Mayer Brown, Consumer protection, Unsecured debt, Liquidation, Depository institution, Subsidiary, Parent company, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    David W. Alberts
    Location:
    USA
    Firm:
    Mayer Brown
    The Thai perspective— effect of bankruptcy on arbitration
    2010-07-20

    Thailand introduced reforms to its bankruptcy laws in 1998 in the aftermath of the 1997 Asian financial crisis. Those reforms introduced business reorganisation provisions similar to the Chapter 11 provisions of the US Bankruptcy Code. Further amendments have been made to the Thai bankruptcy laws, which are now governed by the Bankruptcy Act BE 2483 (1940) as amended by the Bankruptcy Act (No. 7) BE 2547 (2004).

    Filed under:
    Thailand, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Arbitration clause, Statute of limitations, Debt, Liquidation, Balance sheet, Constitutional amendment, Title 11 of the US Code, United States bankruptcy court
    Authors:
    James Rix
    Location:
    Thailand
    Firm:
    Mayer Brown
    Viability of guaranty “savings clauses” questioned by Florida bankruptcy court decision
    2009-12-02

    To promote equal treatment of creditors, the US Congress has armed debtors with the power to bring suit to recover a variety of pre-bankruptcy transfers. Prominent among these is a debtor’s ability under Section 548 of the Bankruptcy Code to recover constructively fraudulent transfers — i.e., transfers made without fair consideration when a debtor is insolvent.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Surety, Debtor, Collateral (finance), Fraud, Interest, Credit risk, Joint venture, Holding company, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Brian Trust , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    UK Government consultation on amendments to the insolvency arrangements for insurers - a financial counterparty's perspective
    2022-04-27

    In May 2021, the UK Government published a Consultation which set out its proposals for targeted (but significant) amendments to certain aspects of the existing UK insolvency arrangements for insurers.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Mayer Brown, Bank of England
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Caffè Nero CVA challenged rejected
    2021-10-29

    The English High Court has rejected a challenge to the CVA proposed by Caffè Nero in a decision that provides guidance on the use of the electronic voting procedure for votes on CVAs, the effectiveness of modifications made to a CVA during the process and the duties of the directors and nominees when considering last minute offers for a business in a restructuring scenario. Mr Justice Green rejected all grounds of challenge brought by Mr Ronald Young, a landlord to Nero Holdings Limited ("NHL").

    Filed under:
    United Kingdom, Insolvency & Restructuring, Mayer Brown, Due diligence, Coronavirus
    Authors:
    Sheena Frazer , Ben Ward
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Recent CVAs, Schemes and Restructuring Plans: May/June Round-Up
    2021-07-01

    1. Hurricane Energy PLC: Restructuring Plan

    (A) Convening Hearing

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Alexandra Wood , Hannah Davies
    Location:
    European Union
    Firm:
    Mayer Brown
    Last remains of the German suspension of the obligation to file for insolvency to finally end in April 2021
    2021-03-09

    With each extension, the scope of the suspension of the obligation to file for insolvency which was first introduced in March 2020 became more and more limited.

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Coronavirus
    Authors:
    Tina Hoffmann
    Location:
    Germany
    Firm:
    Mayer Brown
    Cross border insolvency - an overview of the current EU legal framework and the impact of a "no deal" Brexit on UK/EU cross border insolvencies under the Recast Regulation
    2020-12-15

    Introduction – the framework

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Mayer Brown, Brexit
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    European Union, United Kingdom
    Firm:
    Mayer Brown
    Sour Grapes for freezing orders - English Court of Appeal addresses when "frozen" assets may be used in the "ordinary and proper course of business"
    2020-08-21

    So you have a freezing order against a start-up company, now what? Can that start-up use the assets which are the subject of your order, or any of its other assets, to continue to pursue its risky business, or must it stay idle and wait for the inevitable?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    James Whitaker
    Location:
    United Kingdom
    Firm:
    Mayer Brown

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