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    Impending Financial Distress Is Critical Fact In Good Faith Finding For Chapter 11
    2023-03-08

    WithinIn re LTL Management, LLC, No. 22-2003 (3d Cir. Jan. 30, 2023), the United States Court of Appeals for the Third Circuit issued its decision on the J&J “Texas –Two Step” bankruptcy saga. The Court’s decision complimented the parties and the lower court for their thorough analysis of the issues, but refocused practitioners on a basic bankruptcy principle:

    [A bankruptcy filing] gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP
    Authors:
    Derek J. Baker
    Location:
    USA
    Firm:
    Reed Smith LLP
    A Potential Sword and/or Shield Worth Considering: The First Circuit's Recent Guide to the Application of Judicial Estoppel in Bankruptcy
    2023-03-08

    Once asserted, may a party alter it? Once claimed, may a party contradict it?

    A party’s ability to abandon a previously taken position and champion its converse in a later case or proceeding often depends on one of the law’s more esoteric prohibitions: that kaleidoscopic smorgasbord of precepts collectively known as “judicial estoppel.”

    What Is “Judicial Estoppel,” Precisely?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Supreme Court of the United States
    Location:
    USA
    Firm:
    Reed Smith LLP
    A Foreign Debtor's "Center of Main Interests": Debating D-Day
    2023-03-06

    One concept—“center of main interests,” or COMI for short, one of the more significant elements borrowed from international law and incorporated into Chapter 15 of the Bankruptcy Code—sits at the heart of the latter, enacted in 2005 as the latest U.S. legislative attempt to handle cross-border insolvencies and international restructurings.

    In spite of this notion’s importance, however, bankruptcy and appellate federal courts have long divided over a thresholder issue: as of which date should a foreign debtor’s COMI be determined?

    Filed under:
    USA, Insolvency & Restructuring, Reed Smith LLP, Insolvency
    Location:
    USA
    Firm:
    Reed Smith LLP
    U.S. bankruptcy code protection will not cover fraudulent debt
    2023-02-27

    The U.S. Supreme Court has ruled that bankruptcy filers cannot avoid debt incurred by another’s fraud.

    The 9-0 ruling, written by Justice Amy Coney Barrett, unanimously rejected Kate Bartenwerfer's bid to use U.S. bankruptcy code protection to eliminate debts on the grounds that she was unaware of fraudulent omissions made by her husband.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Supreme Court of the United States
    Location:
    USA
    Firm:
    Reed Smith LLP
    Even positive reforms can carry hidden risks -A potential limitation period “trap” in the UK’s Third Parties (Rights against Insurers) Act 2010
    2023-01-23

    At a time when, globally, insured businesses are under severe financial strain, the availability and extent of their insurance assets take on a new significance. It is significant not just for troubled businesses and their insurers, but also for third parties with potential or actual claims against those businesses.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Litigation, Reed Smith LLP
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP
    Liability insurance in mass tort bankruptcy cases - A brief primer
    2023-01-10

    Chapter 11 bankruptcy as a means for resolving mass tort claims

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Reed Smith LLP
    Location:
    USA
    Firm:
    Reed Smith LLP
    The New UAE Bankruptcy Law
    2016-11-23

    The current law regarding insolvency in the UAE is not a comprehensive regime, and the present framework is found across three different laws (mainly in the Commercial Companies Law, as well as the Commercial Transactions Law and the Civil Code). Additionally, companies faced harsh penalties in a bankruptcy scenario, and individuals could also face criminal sanctions and penal sentences. In the wake of low oil prices since 2015, and more companies facing distress, a new bankruptcy law drawing from international best practice will come into force in the UAE, from the beginning of 2017.

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Reed Smith LLP
    Location:
    United Arab Emirates
    Firm:
    Reed Smith LLP
    A few additional thoughts… on the regulatory response in the wake of the FTX bankruptcy
    2022-12-07

    We recently had a chance to speak to The Independent and

    Filed under:
    USA, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, IT & Data Protection, Reed Smith LLP, Bitcoin, Cryptocurrency, US Securities and Exchange Commission, Consumer Financial Protection Bureau (USA), Commodity Futures Trading Commission (USA), US Congress
    Location:
    USA
    Firm:
    Reed Smith LLP
    Solvent Debtors: Make-Whole Premiums and Post-Petition Interest
    2022-11-04

    On October 14, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed the decision of the U.S. Bankruptcy Court for the Southern District of Texas (Isgur, J.) allowing a claim against a solvent debtor for a make-whole premium and post-default interest totaling approximately $387 million. Ultra Petroleum Corp., et al. v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, United States bankruptcy court, Fifth Circuit, U.S. Court of Appeals
    Location:
    USA
    Firm:
    Reed Smith LLP
    End of Moratorium Regarding Pandemic Rent Arrears Enforcement Action
    2022-09-27

    The Commercial Rent (Coronavirus) Act 2022 provided tenants in the retail and leisure sectors who had subsisting rent arrears incurred between March 2020 and August 2021 with immunity against enforcement action from landlords. However, that immunity was only for a period of 6 months from March 2022. During that window, either landlord or tenant were able to refer the matter to arbitration if they did not come to a commercial settlement.

    The final date for arbitration referrals was 23 September 2022.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Reed Smith LLP, Coronavirus
    Authors:
    Katherine A. Campbell
    Location:
    United Kingdom
    Firm:
    Reed Smith LLP

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