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    Snapshot: enforcement against real property in Guernsey - Saisie
    2021-05-17

    Saisie (meaning "to seize") is a court driven, Guernsey customary law process, governed by the Saisie Procedure (Simplification) (Bailiwick) Order, 1952. It is a three stage post judgment process which enables a creditor to enforce their rights against the debtor's realty in Guernsey.

    Filed under:
    Guernsey, Insolvency & Restructuring, Litigation, Real Estate, Ogier
    Authors:
    Sandie Lyne , Chloe Gill
    Location:
    Guernsey
    Firm:
    Ogier
    Recognition of UK Insolvency Practitioners in Jersey
    2020-07-31

    Introduction

    In the current COVID-19 environment it is likely that there will be more businesses becoming insolvent. Some of those businesses will have an interest in Jersey property. For example as owners of Jersey property or holders of a lease of retail premises situated in the Island. The business may also have locally employed employees to consider.

    Filed under:
    Jersey, United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Real Estate, Ogier, Coronavirus
    Authors:
    Jonathan Hughes
    Location:
    Jersey, United Kingdom
    Firm:
    Ogier
    Recognition of UK insolvency practitioners in Jersey
    2013-03-28

     

    Introduction

    With the March quarter day fast approaching it is likely that there will be more businesses becoming insolvent. Some of those businesses will have an interest in Jersey property.  For example as owners of Jersey property or holders of a lease of retail premises situated in the Island.

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Real Estate, Ogier, Wage
    Authors:
    Jonathan Hughes
    Location:
    Jersey
    Firm:
    Ogier
    Consolidated Appropriations Act of 2021 Amends Bankruptcy Code
    2021-01-29

    Part 2: Amendments Affecting Mortgage Lenders and Landlords

    As discussed in a previous post, the Consolidated Appropriations Act of 2021 (the “Act”), which was enacted on December 27, 2020 in response to the economic distress caused by the COVID-19 pandemic, amended numerous provisions of the Bankruptcy Code. This post discusses amendments specifically affecting landlords.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Mintz, Coronavirus
    Authors:
    Andrew B. Levin , Abigail O'Brient
    Location:
    USA
    Firm:
    Mintz
    Ninth Circuit: No Ulterior Motive, No Bad Faith When Buying Claims to Block Confirmation
    2018-07-24

    A recent Ninth Circuit Court of Appeals decision provides insight into “bad faith” claims-buying activity; specifically whether a creditor’s purchase of claims for the express purpose of blocking plan confirmation is permissible. In In re Fagerdala USA-Lompoc, Inc., the Court found it was—the secured creditor did not act in bad faith when it purchased a subset of all general unsecured claims and voted those claims against confirmation because it was acting to further its own economic interest as a creditor, without some extrinsic ulterior motive.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Mintz, Ninth Circuit
    Location:
    USA
    Firm:
    Mintz
    Buyer Beware: Bankruptcy Assets not “Free and Clear” if Due Process is Lacking
    2017-02-28

    One of the most powerful and oft used devices in bankruptcy is the sale of assets “free and clear” of liens, claims and interests. One issue a buyer at a bankruptcy sale must consider, however, is whether due process has been met with respect to parties whose liens, claims and/or interests are released through such sale. Indeed, a lack of due process could foil a “free and clear” sale, leaving a buyer with an encumbered purchase and nowhere to turn for recourse.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Mintz, United States bankruptcy court
    Location:
    USA
    Firm:
    Mintz
    Massachusetts Bankruptcy Court Sends a Reminder on Avoiding the Substantive Consolidation Trap
    2017-02-13

    There are numerous reasons why a company might use more than one entity for its operations or organization: to silo liabilities, for tax advantages, to accommodate a lender, or for general organizational purposes. Simply forming a separate entity, however, is not enough. Corporate formalities must be followed or a court could effectively collapse the separate entities into one. A recent opinion by the United States Bankruptcy Court for the District of Massachusetts, Lassman v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Tax, Mintz, United States bankruptcy court
    Authors:
    Charles W. Azano
    Location:
    USA
    Firm:
    Mintz
    Good News on “Bad Boy” Guarantees - IRS Reverts to Prior Position in Recent Legal Advice Memorandum
    2016-05-12

    On April 15, 2016, the IRS released a generic legal advice memorandum (GLAM 2016-001) (the “April GLAM”) addressing the impact of so-called “bad boy” guarantees (also known as nonrecourse carve-out guarantees) on the characterization of underlying partnership debt as recourse vs. nonrecourse under Section 752 of the Internal Revenue Code.

    Filed under:
    USA, Insolvency & Restructuring, Real Estate, Tax, Mintz, Debtor, Internal Revenue Service (USA)
    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
    Coping with commercial leases in bankruptcy
    2012-04-09

    The last several years have seen bankruptcy filings from prominent retail chains such as Borders, Circuit City, Blockbuster, Movie Gallery and Ritz Camera. Many of these cases have resulted in liquidation. For commercial landlords, retail bankruptcy cases present a number of potentially damaging issues, including nonpayment of rent, assignment of the lease to an unworthy tenant, vacant space in an otherwise popular location and going-out-of business sales.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Wiley Rein LLP, Bankruptcy, Debtor, Leasehold estate
    Authors:
    Dylan G. Trache
    Location:
    USA
    Firm:
    Wiley Rein LLP

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