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    Court approves restructuring plan for failed asset-backed commercial paper
    2008-06-17

    On June 5 2008 the Ontario Superior Court of Justice approved a plan concerning failed assetbacked commercial paper (ABCP). The restructuring called for in the plan can therefore proceed immediately, subject to any appeals from the court approval. This update is a brief survey of the key developments in the efforts to rescue the affected Canadian market for ABCP, which broke down in August 2007.

    Breakdown of Market and the Montreal Accord

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Dentons, Retail, Fraud, Market liquidity, Subprime lending, Mortgage loan, Asset-backed security, Commercial paper, United States bankruptcy court, Ontario Superior Court of Justice
    Location:
    Canada
    Firm:
    Dentons
    Court approval of cross-border DIP financing guarantees
    2010-05-11

    InterTAN Canada Ltd (“InterTAN”) is a wholly owned subsidiary of US based Circuit City Store, Inc. (“Circuit City”), a consumer electronics retailer. In Canada, InterTAN operates retail stores under the trade name “The Source by Circuit City”. Prior to Circuit City's filing under Chapter 11 of the United States Bankruptcy Code, InterTAN was a borrower under a syndicated credit facility between Circuit City, certain U.S. affiliates, InterTAN, Bank of America NA, as agent, and certain other loan parties (the “Secured Credit Facility”).

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Retail, Credit (finance), Surety, Debtor, Unsecured debt, Liquidation, Stakeholder (corporate), Subsidiary, Companies' Creditors Arrangement Act 1933 (Canada), Bank of America
    Location:
    Canada
    Firm:
    Dentons
    FSA makes new rules
    2010-04-01

    FSA made five sets of new rules at its March board meeting:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Dentons, Retail, Credit risk, Standing (law), Tariff, Building society, FSA
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    Commission approves Northern Rock split
    2009-10-30

    The Commission has agreed a plan to split Northern Rock into two banks, a “good” and a “bad” one. The “good” bank will carry on the economic activities of Northern Rock and the “bad” one will be an asset management company that will run down the remaining business. The Commission found the UK Government had kept state aid to a minimum in planning the restructuring. Treasury is pleased with the approval, which it says will allow Northern Rock to return to the mortgage markets while the back book of mortgages is managed separately.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Dentons, Retail, Asset management, Mortgage loan, State aid, HM Treasury (UK)
    Authors:
    Robert Finney
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    CCAA court allows debtor to pay pre-filing unsecured debts
    2009-07-30

    Recently, in Re Eddie Bauer of Canada Inc., Justice Morawetz ordered a debtor was entitled to pay amounts owing for goods and services actually supplied prior to the filing date.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Retail, Debtor, Unsecured debt, Debt, Stakeholder (corporate), Prejudice, Subsidiary
    Authors:
    David W. Mann , David LeGeyt
    Location:
    Canada
    Firm:
    Dentons
    Company voluntary arrangements: JJB Sports highlights a real alternative to administration
    2009-05-11

    Following the rejection of Stylo's proposed CVA earlier this year and the successful "unfair prejudice" challenge of Powerhouse's CVA in 2007, the recently approved CVA proposal put forward by JJB Sports, widely described by commentators as "ground-breaking", has generated significant interest in the CVA process and the use of a CVA to effect a solvent restructuring of a listed company without resorting to administration and a suspension of trading in its shares.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Herbert Smith Freehills LLP, Share (finance), Public company, Retail, Debt, Voting, Refinancing, Insolvency Act 1986 (UK)
    Authors:
    Kevin Pullen , Stephen Gale , Alastair Henderson
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Insolvency update for retailers
    2008-02-11

    The retail sector and its suppliers operate at the sharp end of the economy and feel the impact of tighter consumer spending with more immediacy than most other sectors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Retail, Board of directors, Debt, Supply chain, Liability (financial accounting), Legal burden of proof, Balance sheet, Cashflow, Insolvency Act 1986 (UK), High Court of Justice
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Superstorm Hurricane Sandy's impact upon business & retailers - bankruptcy and alternatives
    2013-03-05

    In the wake of Hurricane Sandy many businesses have been negatively impacted financially throughout regions from Connecticut, New York, New Jersey, Pennsylvania and Delaware.  Hardest hit are businesses located not only along the New Jersey, Staten Island and  Long Island  NY  coasts but in areas  that  have never experienced such a devastating disaster.  Areas  such as  Hoboken NJ,lower Manhattan and the NYC  East Side.  Even  businesses  located in inland  communit

    Filed under:
    USA, Connecticut, Delaware, New Jersey, New York, Pennsylvania, Company & Commercial, Insolvency & Restructuring, Duane Morris LLP, Retail
    Authors:
    Walter J. Greenhalgh
    Location:
    USA
    Firm:
    Duane Morris LLP
    Protecting personal information in Borders bankruptcy proceeding
    2011-09-27

    Borders has long collected personal information from customers and promised that such information would not be disclosed without consent. In light of that and Borders' current bankruptcy proceedings, the FTC has sent a letter to the consumer privacy ombudsman overseeing the Borders bankruptcy that seeks the protection of customer personal information.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Duane Morris LLP, Bankruptcy, Information privacy, Retail, Interest, Personally identifiable information, Consent, Federal Trade Commission (USA), United States bankruptcy court
    Location:
    USA
    Firm:
    Duane Morris LLP
    Focus on Health Care Provider Bankruptcies
    2017-10-02

    The next few years are expected to see a significant increase in the volume of bankruptcy cases filed by health care providers. Thus far in 2017, the number of bankruptcies in health care-related sectors, including hospitals, physicians’ offices and clinics, specialty outpatient facilities, assisted-living facilities, and other providers, has been surpassed only by bankruptcies in the oil and gas, finance, and retail industries.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Retail, Debtor, Limited liability company, Trustee
    Authors:
    Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day

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