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    Factoring transaction subject to avoidance as unauthorized post-petition transfer
    2008-10-31

    In Aalfs v. Wirum (In re Straightline Investments, Inc.),1 the United States Court of Appeals for the Ninth Circuit considered whether a post-petition factoring of accounts receivable by the debtor was an avoidable transfer under section 549 of the Bankruptcy Code. The Court of Appeals affirmed the Bankruptcy Court, finding that the post-petition transfer had been properly avoided and that the lower court was justified in allowing the trustee both to recover the accounts receivable and their proceeds and to retain the consideration paid by the transferee.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Debtor, Commercial property, Accounts receivable, Consideration, Debt, Precondition, Title 11 of the US Code, Ninth Circuit, United States bankruptcy court, Bankruptcy Appellate Panel, Trustee
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    LBIE administrators extend September 17, 2010 proof of debt submission deadline for Consensual Approach participants
    2010-09-17

    Previously, on June 16, 2010, the Joint Administrators (the “Administrators”) of Lehman Brothers International (Europe) (“LBIE”) announced that they would be testing the feasibility of their so-called Consensual Approach to the resolution of LBIE’s unsecured creditor claims. They anticipated the Consensual Approach would be applicable to financial trading creditors ("FTCs") and conceptually outlined the Consensual Approach as follows:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Unsecured debt, Dividends, Data, Option (finance), Debt, Precondition, Unsecured creditor, Federal Trade Commission (USA), Lehman Brothers
    Authors:
    Lawrence V. Gelber
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Professional’s pre-approved fixed fee award upheld by 2d Cir.
    2009-01-16

    Financial advisors, investment bankers, lawyers and other professionals in reorganization cases should pay close attention to a decision of the U.S. Court of Appeals for the Second Circuit handed down on Jan. 6, 2009. In re Smart World Technologies, LLC, ___ F.3d ___ (2d Cir. 1/6/2009).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Contractual term, Debtor, Federal Reporter, Investment banking, Standing (law), Liquidation, Judicial review, Contingent fee, Precondition, Second Circuit, United States bankruptcy court, Sixth Circuit
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Business transfer regulations apply to pre-pack administrations
    2011-05-31

    In a judgment issued in test cases, OTG Ltd v Barke and others, the EAT held that administration proceedings are not capable of coming within the insolvency exception to the normal business transfers rule.

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Hogan Lovells, Bankruptcy, Liquidation, Precondition, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Implications for asbestos-related future claims: in re Grossman's Inc.
    2010-06-09

    INTRODUCTION

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Legal Practice, Litigation, Dentons, Bankruptcy, Debtor, Federal Reporter, Due process, Negligence, Warranty, Precondition, Bankruptcy discharge, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, Third Circuit, Fourth Circuit
    Authors:
    Carole Neville
    Location:
    USA
    Firm:
    Dentons
    The “hardship fund” in CCAA proceedings
    2009-04-29

    In Re EarthFirst Canada Inc., Justice Romaine had to consider establishing a “hardship fund” that would be used to allow EarthFirst Canada Inc. (“EarthFirst”) to pay pre-filing obligations owing to certain suppliers and contractors operating in a remote community where EarthFirst is developing a wind farm project.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, General contractor, Renewable energy, Option (finance), Debt, Supply chain, Precondition
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
    Application of the Superintendent of Bankruptcy’s Levy carved back
    2009-02-27

    Section 147 of the Bankruptcy and Insolvency Act (“BIA”) provides that the Superintendent’s Levy is applied to defray the supervisory expenses of the Superintendent, will be charged on dividend payments made by the trustee.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Dividends, Debt, Liquidation, Precondition, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Trustee
    Location:
    Canada
    Firm:
    Dentons
    Court of Appeal confirms financial support directionsissued in insolvency have super priority
    2011-10-17

    The Court of Appeal has confirmed that the costs of complying with Financial Support Directions (“FSDs”) proposed to be issued to certain Nortel and Lehman companies by the Pensions Regulator (“TPR”) qualify as “super priority” administration expenses, payable in priority to unsecured creditors, floating charge holders and the administrators’ own fees.

    The question

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Unsecured debt, Debt, Liquidation, Precondition, Defined benefit pension plan, Sponsor (commercial), The Pensions Regulator, Court of Appeal of England & Wales, Trustee
    Authors:
    Devi Shah
    Location:
    USA
    Firm:
    Mayer Brown
    Scottish courts consider insurance solvent schemes
    2010-03-02

    Under Part 26 of the Companies Act 2006, it is open to a solvent company to enter into an arrangement or compromise with its creditors or members. Over the past 10-15 years such solvent schemes have been implemented in M&A and restructuring transactions and have proved increasingly popular in the insurance market, permitting insurers to crystallise their contingent liabilities.

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Consent, Liability (financial accounting), Dissenting opinion, Precondition, Companies Act 2006 (UK), Court of Session
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Escrow arrearages are pre-bankruptcy petition claims
    2011-01-03

    On December 23rd, the Third Circuit addressed whether the automatic stay provisions of the Bankruptcy Code prevents a home mortgage lender from accounting for the pre-petition escrow shortage in its post-petition calculation of future monthly escrow payments. The Court concluded that when the terms of the loan allow the lender to escrow taxes and insurance payments, the lender has a pre-petition claim. In re Francisco Rodriguez.  

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Accounting, Mortgage loan, Precondition, Third Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP

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