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    City of Swan v Lehman Brothers: deed of company arrangements and third party releases
    2010-03-26

    The High Court of Australia is expected soon to hand down its judgment in Lehman Brothers v City of Swan. It is likely that this judgment will definitively determine whether Deeds of Company Arrangement under Pt 5.3A of the Corporations Act (“the Act”) are able to force creditors to give releases to third parties. 

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Piper Alderman, Bankruptcy, Statutory interpretation, Dividends, Deed, Liquidator (law), Collateralized debt obligation, Bankruptcy discharge, Right to property, Lehman Brothers, Corporations Act 2001 (Australia), High Court of Australia
    Location:
    Australia
    Firm:
    Piper Alderman
    New deed tax policies favor certain enterprises in corporate reorganization and restructuring
    2009-03-04

    On December 29, 2008, the State Administration for Taxation (SAT) and the Ministry of Finance (MOF) jointly promulgated the Circular on Several Deed Tax Policies Concerning Enterprise Reorganization and Restructuring, (Cai Shui (2008) 175, Circular 175). Circular 175 took effect on January 1, 2009, and will be effective through December 31, 2011.  

    Filed under:
    China, Insolvency & Restructuring, Tax, Hogan Lovells, Limited liability company, Debt, Deed, State-owned enterprise, Subsidiary, Sole proprietorship, Parent company, Right to property
    Authors:
    Kitty Zhang , Roy Zou
    Location:
    China
    Firm:
    Hogan Lovells
    Insolvent tenants: examining the options
    2011-03-09

    The continuing harsh economic conditions see more and more businesses going into examinership. Examinership has serious implications for landlords.

    Filed under:
    Ireland, Insolvency & Restructuring, Real Estate, LK Shields, Market capitalisation, Surety, Unsecured debt, Dividends, Landlord, Leasehold estate, Covenant (law), Debt, Right to property
    Authors:
    Jill Callanan
    Location:
    Ireland
    Firm:
    LK Shields
    Court rules it has no jurisdiction to sanction scheme concerning trust assets held by Lehman UK
    2009-08-24

    The administrators of Lehman Brothers International (Europe) have been intending to propose a scheme of arrangement under the English Companies Act to enable them to distribute several billions of dollars of assets held on trust by the company in the face of difficulties in establishing who was entitled to the trust assets; in particular, they had not received responses from all potentially interested clients, could not rely on the accuracy of the company's records and had not received all the information requested from sub-custodians and other intermediaries.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Locke Lord LLP, Contractual term, Beneficiary, Consent, Investment banking, Right to property, Lehman Brothers, Trustee
    Authors:
    Lisa Peatfield , Helen Clark , Jeanne Kohler , M Machua Millett
    Location:
    United Kingdom
    Firm:
    Locke Lord LLP
    The Real Estate Problem of Retail
    2019-02-25

    The retail sky is falling. At least that is how it appears from recent and unprecedented number of retailers filing for bankruptcy. From iconic stores such as Sears and Toys ‘R’ Us, to department stores such as Bon Ton, to mall stores including Brookstone, The Rockport Company, Nine West, among others. The reasons given for such filings vary as much as their products but one theme seems to be constant — the inability of retailers to maintain “brick and mortar” operating expenses in the era of online shopping.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Liquidation, Right to property, United States bankruptcy court
    Authors:
    Christopher J. Giaimo
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Appeal rights of company in liquidation not assignable
    2013-06-27

    In the recent UK case of Williams v Glover & Anor, the Court considered the novel issue of whether the right to appeal against a tax liability constitutes the "property" of a company in liquidation, in deciding whether such a right was assignable or not. In that case, the applicant liquidator sought directions as to whether it could assign the right to appeal against an assessment of tax liability to the respondent former directors of the company in liquidation. Judge Pelling QC held that while there were authorities that had considered this point, they were not binding.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Buddle Findlay, Right to property
    Authors:
    David Perry , Scott Barker , Willie Palmer
    Location:
    United Kingdom
    Firm:
    Buddle Findlay
    The TOUSA case - not a fraudulent conveyance
    2011-03-21

    By now many of you will have heard about the recent decisions in the TOUSA (pdf) bankruptcy case.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Fraud, Margin (finance), Intangible asset, Conveyancing, Default (finance), Subsidiary, Parent company, Right to property, United States bankruptcy court
    Authors:
    Susan C. Alker
    Location:
    USA
    Firm:
    Reed Smith LLP
    State court receiverships and assignments for benefit of creditors
    2011-03-31

    Click here to view the webinar.

    Click here for the PowerPoint presentation.

    Click here for the presentation materials.

    State Court Receiverships

    Filed under:
    USA, Insolvency & Restructuring, Nexsen Pruet, Debtor, Limited liability company, Foreclosure, Liquidation, Investment company, Right to property, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), Federal Rules of Civil Procedure (USA)
    Authors:
    Christine L. Myatt
    Location:
    USA
    Firm:
    Nexsen Pruet
    Credit swap agreement ipso facto clause struck
    2011-09-14

    Lehman Brothers Special Financing, Inc. v. Ballyrock ABS-CDO 2007-1 Limited (In re Lehman Brothers Holdings, Inc.) No. 09-01032 (JMP) (Bankr. S.D.N.Y. May 12, 2011)  

    CASE SNAPSHOT

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Surety, Debtor, Injunction, Swap (finance), Liquidation, Asset forfeiture, Default (finance), Collateralized debt obligation, Mortgage-backed security, Right to property, Lehman Brothers, US District Court for the Southern District of New York
    Authors:
    Kathleen A. Murphy
    Location:
    USA
    Firm:
    Reed Smith LLP
    Court allows nondebtor to withhold postpetition services
    2007-02-19

    Can the nondebtor party to an executory contract withhold services to the debtor postpetition if the debtor breached the contract prepetition?

    Many view this as a settled area of bankruptcy law, and believe that the answer is “no” as long as the debtor is performing postpetition. Commentators of this view question how a debtor could ever reorganize if nondebtors did not have to perform under contracts postpetition, particularly if the debtor’s business is entirely dependant upon the contract at issue.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Debtor, Breach of contract, ISP, Right to property, US Congress
    Location:
    USA
    Firm:
    Reed Smith LLP

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