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    Xerium Technologies files bankruptcy, hoping to cut its debt by $160 million
    2010-04-05

    Equipment maker, Xerium Technologies, filed chapter 11 petitions for bankruptcy on March 30th in the United States Bankruptcy Court for the District of Delaware.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Fox Rothschild LLP, Share (finance), Bankruptcy, Shareholder, Debt, Pro rata, United States bankruptcy court, US District Court for District of Delaware, Chief executive officer
    Authors:
    L. Jason Cornell
    Location:
    USA
    Firm:
    Fox Rothschild LLP
    SEC files fraud lawsuit against Reserve Primary Fund’s founders
    2009-05-06

    The Securities and Exchange Commission announced yesterday that it has filed civil fraud charges against several entities and individuals who operate the Reserve Primary Fund, including its founder Bruce Bent and his son Bruce Bent II, “for failing to provide key material facts to investors and trustees about the fund’s vulnerability after as

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Fraud, Mutual fund, Pro rata, US Securities and Exchange Commission, Lehman Brothers, Trustee
    Authors:
    Christy Prendergast
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Chrysler files for Chapter 11 bankruptcy protection and begins restructuring
    2009-05-03

    On Thursday, under pressure from the Obama administration, Chrysler and 24 of its wholly owned U.S. subsidiaries filed for Chapter 11 bankruptcy protection in the U.S. Bankruptcy Court for the Southern District of New York. None of Chrysler’s Mexican, Canadian or other international subsidiaries are part of the filing.

    Filed under:
    USA, Insolvency & Restructuring, Alston & Bird LLP, Libor, Debtor, Health insurance, Debt, Secured loan, Pro rata, US Federal Government, United Automobile Workers, Pension Benefit Guaranty Corporation, Chrysler, United States bankruptcy court
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    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
    German Insolvency Law : an overview.
    2016-08-26

    German Insolvency Law

    an overview.

    Filed under:
    Germany, Global, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Legal personality, Shareholder, Debtor, Market liquidity, Debt, Liability (financial accounting), Liquidation, Pro rata, Title 11 of the US Code
    Location:
    Germany, Global
    Firm:
    Mayer Brown
    Restructuring privilege for the use of tax loss carry forwards for corporations incompatible with EU law
    2011-02-02

    The EU Decision

    The EU Commission has held on January 26, 2011 that the so called restructuring privilege offered by German corporate tax law, which allows corporations in a distressed financial situation to continue to set off tax loss carry forwards against future profits even if their shareholder structure has substantially changed, is incompatible with EU State Aid provisions.

    The recipients, which have applied the restructuring privilege, are now threatened with the reclaim of the tax benefits.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, Trade & Customs, Mayer Brown, Share (finance), Wage, Shareholder, Market liquidity, Debt, Subsidy, State aid, Pro rata, European Commission, Federal Ministry of Finance (Germany), Court of Justice of the European Union
    Authors:
    Dr. Marco Wilhelm
    Location:
    Germany
    Firm:
    Mayer Brown
    Supreme Court decision highlights importance of contract terms in protecting principal from agent’s insolvency
    2016-08-22

    The Supreme Court has held that a principal was entitled to recover payments collected by its agent on its behalf following the agent's insolvency: Bailey and another (Respondents) v Angove's PTY Limited (Appellant) [2016] UKSC 47.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Interest, Debt, Liquidation, Liquidator (law), Bill of lading, Constructive trust, Pro rata, SCOTUS, Court of Appeal of England & Wales, UK Supreme Court
    Authors:
    Gareth Keillor
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Seventh Circuit affirms pro rata distribution of receivership assets
    2010-12-06

    On December 1st, the Seventh Circuit affirmed the approval of a receiver's plan to distribute the assets of a failed investment manager, finding that where a receivership trust lacks sufficient assets to fully repay investors and the investors' funds are commingled, a pro rata distribution plan is appropriate, and that the trial court properly rejected the objectors' arguments that their redemption requests made them creditors and not equity holders. SEC v.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Investment management, Limited liability company, Pro rata, US Securities and Exchange Commission, Seventh Circuit
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    FDIC board approves interim final rule on new liquidation authority and clarifies treatment of creditor claims
    2011-01-21

    The Board of Directors of the Federal Deposit Insurance Corporation (FDIC) voted on December 18 to approve an interim final rule clarifying how the agency will treat certain creditor claims under the new orderly liquidation authority established under the Dodd-Frank Wall Street Reform and Consumer Protection Act.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Katten Muchin Rosenman LLP, Shareholder, Consumer protection, Unsecured debt, Collateral (finance), Board of directors, Debt, Liquidation, Subsidiary, Pro rata, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Title 11 of the US Code, Federal Deposit Insurance Corporation (USA)
    Authors:
    Jeffrey M. Werthan
    Location:
    USA
    Firm:
    Katten Muchin Rosenman LLP
    Court of Appeal decides LBIE client money application
    2010-08-06

    On August 2, the English Court of Appeal handed down its judgment on the client money directions application made in the Administration of Lehman Brothers International (Europe) (LBIE). The Court of Appeal overturned Mr. Justice Briggs’ High Court decision in part, holding unanimously that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Share (finance), Security (finance), Pro rata, Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice
    Authors:
    Martin Cornish
    Location:
    United Kingdom
    Firm:
    Katten Muchin Rosenman LLP

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