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    Federal Budget 2020-21: Restructuring & Insolvency
    2020-10-06

    The Budget reaffirmed the Government’s commitment to implementing reforms to support consumers and businesses affected by COVID-19.

    The Government confirmed the implementation of a number of measures designed to reduce the regulatory burden to ensure a timely flow of credit and resolution for distressed business. These include:

    Filed under:
    USA, Insolvency & Restructuring, Public, King & Wood Mallesons, Coronavirus
    Authors:
    Richard Snowden , Darren McClafferty
    Location:
    USA
    Firm:
    King & Wood Mallesons
    Reflections from the FIRE Starters Global Summit in Dublin
    2022-04-19

    This article was originally published by ThoughtLeaders4 FIRE.

    Introduction

    There was a distinct air of positivity and delight to be out and about networking again at the FIRE Starters Global Summit in Dublin. Once again the event was well attended by a wonderful and dynamic group of international professionals from across the advisory spectrum in asset recovery, fraud and insolvency and many new networks were forged over the fun three-day event.

    Filed under:
    Cayman Islands, European Union, Guernsey, Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Public, White Collar Crime, Ogier, Brexit, Crowdfunding, Non-fungible tokens, US Department of Justice
    Authors:
    James Angus , Alex Horsbrugh-Porter , Shaun Maloney , Marie Skelly
    Location:
    Cayman Islands, European Union, Guernsey, Jersey, United Kingdom
    Firm:
    Ogier
    Outlook from offshore: how ESG is changing the narrative
    2021-12-14

    The offshore industry is thriving but ESG is adding new priorities both to transactions and to the way firms are being run, according to a new report by Reports Legal featuring Ogier's global managing partner Edward Mackereth.

    With record deal activity across service lines this year, Ogier has been busier than ever in the past 12 months.

    "Corporate has had a stellar year with all the M&A transactions and SPACs," said Edward.

    Filed under:
    Hong Kong, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Public, Ogier, Private equity, Supply chain, ESG, Coronavirus, SPAC
    Location:
    Hong Kong
    Firm:
    Ogier
    Court rules City of Harrisburg can pay pre-petition amounts to ordinary course vendors
    2011-11-03

    The bankruptcy court in the City of Harrisburg's Chapter 9 proceeding held a hearing on Tuesday, November 1 on the Mayor’s motion for an order clarifying that the City had the ability to pay its debts in the ordinary course.  The court found that given the limitation on its jurisdiction under Chapter 9 of the Bankruptcy Code and given that Bankruptcy Code Section 363 (which deals with generally with the use, sale or lease of property) is not incorporated into Chapter 9, the City does have the authority to pay its vendors in the ordinary course, including vendors with amounts owed

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Mintz, Bankruptcy, Statute of limitations, Trade union, Debt, United States bankruptcy court, Trustee
    Authors:
    William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Objections filed in Harrisburg Chapter 9 bankruptcy
    2011-10-30

    As expected a number of objections to the Chapter 9 bankruptcy petition filed by the Harrisburg city council were filed on Friday October 28, the deadline set by the Bankruptcy Court for such objections. As expected both the Commonwealth of Pennsylvania and the Harrisburg Mayor’s Office filed objections.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Mintz, Bankruptcy, United States bankruptcy court
    Authors:
    William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Harrisburg Chapter 9 status conference highlights eligibility issues
    2011-10-17

    The Bankruptcy Court held a status conference in the Harrisburg Chapter 9 earlier today.  The principal purpose of the hearing was for the court to set a schedule for objections to Harrisburg’s chapter 9 eligibility.  Objections to eligibility and supporting briefs are to be filed by October 28, a response by the City Council is to be filed by November 7, and replies on behalf of the objecting parties are to be filed by November 12.  The judge made it clear that the City Council has the burden of showing eligibility.  Th

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Litigation, Public, Mintz, Bond (finance), Bankruptcy, Debt, Legal burden of proof, United States bankruptcy court
    Authors:
    William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Harrisburg, Pa. files for bankruptcy under Chapter 9
    2011-10-12

    As many are already aware, the City of Harrisburg, Pennsylvania filed a Chapter 9 bankruptcy late Tuesday evening, October 11 in advance of a Pennsylvania state senate vote that may have put the city on the path to a receivership.  The Chapter 9 petition (http://www.publicfinancematters.com/Harrisburg%20Petition%20.pdf) is the result of a 4-3 vote “authorizing” the filing by the Harrisburg city council without the support of Harrisburg’s Mayor Linda Thompson.  Pr

    Filed under:
    USA, Pennsylvania, Insolvency & Restructuring, Public, Mintz, Bankruptcy
    Authors:
    William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Holders of "dirt bonds" may lack plan voting rights in developer bankruptcies
    2011-09-21

    In a decision that may have implications for holders of community development district bonds and other similar “dirt bonds,” a Florida bankruptcy court has ruled that holders of community development district bonds do not always have plan voting rights when the underlying developer — as opposed to the development district itself — is the bankruptcy debtor.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Public, Real Estate, Mintz, Bond (finance), Bankruptcy, Debtor, Interest, Voting, Municipal bond, United States bankruptcy court, US District Court for Middle District of Florida, Trustee
    Authors:
    William W. Kannel
    Location:
    USA
    Firm:
    Mintz
    Insolvent “On Behalf Of” Municipal Bond Issuers: Chapter 9, Chapter 11, or Ineligible?
    2018-02-26

    Last week, President Trump unveiled his proposal to fix our nation’s aging infrastructure. While the proposal lauded $1.5 trillion in new spending, it only included $200 billion in federal funding. To bridge this sizable gap, the plan largely relies on public private partnerships (often referred to as P3s) that can use tax-exempt bond financing.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Tax, Mintz, Internal Revenue Service (USA), US District Court for Northern District of Illinois
    Authors:
    William W. Kannel , Charles W. Azano
    Location:
    USA
    Firm:
    Mintz
    Yes, Special Revenue Bonds Remain Special
    2018-02-26

    Judge Swain’s decision in the PROMESA Title III bankruptcy proceeding of the Puerto Rico Highways and Transportation Authority (“PRHTA”) that a federal bankruptcy court cannot compel a municipal debtor to apply special revenues to post-petition debt service payments on special revenue bonds has generated controversy and caused some market participants to question whether, if the decision is upheld by the First Circuit on appeal, the perception that special revenue bonds have special rights in bankruptcy remains justified.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Public, Shipping & Transport, Mintz, US Congress
    Authors:
    Leonard Weiser-Varon
    Location:
    USA
    Firm:
    Mintz

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