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    Bankruptcy Code—Recharacterizing Claims as Capital Contributions
    2017-06-27

    PEM Entities LLC v. Levin, No. 16-492

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, SCOTUS
    Location:
    USA
    Firm:
    Mayer Brown
    Bankruptcy Code—Structured Dismissals
    2017-03-22

    Czyzewski v. Jevic Holding Corp., No. 15-649

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, SCOTUS
    Location:
    USA
    Firm:
    Mayer Brown
    US Supreme Court Reverses a Chapter 11 Structured Dismissal
    2017-03-22

    Czyzewski v. Jevic Holding Corp., No. 15-649 (2017)

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, SCOTUS
    Authors:
    Brian Trust , Thomas S. Kiriakos
    Location:
    USA
    Firm:
    Mayer Brown
    US Supreme Court hands lenders a victory on underwater mortgages
    2015-06-16

    The US Supreme Court has unanimously held that a debtor cannot void a wholly underwater second mortgage in Chapter 7 bankruptcy proceedings. The decision comes in the consolidated cases of Bank of America, N.A. v. Caulkett, No. 13-1421, and Bank of America, N.A. v. Toledo-Cardona, No. 14-163.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Debtor, Mortgage loan, SCOTUS
    Location:
    USA
    Firm:
    Mayer Brown
    US Supreme Court rules that bankruptcy courts can issue proposed findings in “core” matters involving Stern v. Marshall-type claims
    2014-06-10

    On June 9, 2014, the US Supreme Court issued a unanimous decision in Executive Benefits Insurance Agency v. Arkison (“Executive Benefits”)1 that resolved a fundamental bankruptcy procedural issue that had arisen in the wake of Stern v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Tortious interference, SCOTUS, United States bankruptcy court
    Authors:
    Brian Trust , Thomas S. Kiriakos
    Location:
    USA
    Firm:
    Mayer Brown
    Nortel/Lehman: a balancing act
    2013-07-25

    The Supreme Court handed down its decision yesterday on the combined appeals of Nortel GmbH (In Administration) ("Nortel") and Lehman Brothers International (Europe) (In Administration) ("Lehman Brothers") (together, the "Appellants") against the Pensions Regulator ("tPR").

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Mayer Brown, Debt, Pensions Act 2004 (UK), The Pensions Regulator, Lehman Brothers, SCOTUS
    Authors:
    Devi Shah , Ashley Katz
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Supreme Court confirms lenders’ rights to credit bid in chapter 11 cramdown plans
    2012-05-30

    Yesterday, the United States Supreme Court held that sales of assets pursuant to chapter 11 plans must permit credit bidding by their secured lenders in order to satisfy the requirements for confirmation of a chapter 11 “cramdown” plan.1

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Baker McKenzie, SCOTUS
    Location:
    USA
    Firm:
    Baker McKenzie
    What happens to direct life insurances in the event of an employer’s insolvency in Germany?
    2010-09-30

    The Federal Labour Court has ruled on the fundamental issue of who will be entitled to the rights under a life insurance policy concluded by the employer in the employee’s favour in the event that an employment relationship comes to an end in the course of the employer’s insolvency proceeding.

    Filed under:
    Germany, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Statutory interpretation, Beneficiary, Life insurance, Vesting, US Senate, SCOTUS
    Authors:
    Ian Gault , Daniel Schaffer , Alison Brown , Roderick Morton
    Location:
    Germany
    Firm:
    Herbert Smith Freehills LLP
    Supreme Court decision highlights importance of contract terms in protecting principal from agent’s insolvency
    2016-08-22

    The Supreme Court has held that a principal was entitled to recover payments collected by its agent on its behalf following the agent's insolvency: Bailey and another (Respondents) v Angove's PTY Limited (Appellant) [2016] UKSC 47.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Interest, Debt, Liquidation, Liquidator (law), Bill of lading, Constructive trust, Pro rata, SCOTUS, Court of Appeal of England & Wales, UK Supreme Court
    Authors:
    Gareth Keillor
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Supreme Court confirms company in liquidation not prevented from claiming against directors on the basis of fraud attributable to the company
    2015-04-27

    The Supreme Court has unanimously upheld a Court of Appeal decision refusing to strike out a claim by a “one-man” company in liquidation, which had been the vehicle for a VAT fraud, against its former directors and overseas suppliers alleged to have been involved in the fraud: Jetivia SA v Bilta (UK) Limited [2015] UKSC 23 (see our post on the Court of Appeal decision 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, Herbert Smith Freehills LLP, Fraud, Liquidation, SCOTUS
    Authors:
    Tom Henderson
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP

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