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    Security for parallel debt questioned by Poland’s Supreme Court
    2009-11-19

    Poland’s Supreme Court in a recent ruling found a grant of security for parallel debt to be invalid.

    Filed under:
    Poland, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Debtor, Accounts receivable, Debt, Capital punishment, Subsidiary, SCOTUS
    Authors:
    Peter Swiecicki
    Location:
    Poland
    Firm:
    Squire Patton Boggs
    Spanish Corporate-Real Estate Legal Update nº 31. July 2016: Determination of the Moment at Which Director Liability Arises for Corporate Debts in the Event of Company Insolvency
    2016-07-06

    Supreme Court Judgment dated 10 March 2016 (STS 151/2016)

    The judgment of the Supreme Court analyses the objective scope of extension of the liability for obligations and debts for which, as appropriate, the director of a company should be liable and, more specifically, the scope of "the corporate obligations subsequent to the occurrence of the legal ground for dissolution".

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Patent infringement, Interest, Consideration, Debt, Court costs, Joint and several liability, Capital punishment, Dissolution (law), SCOTUS, Court of Appeal of England & Wales, South Africa Supreme Court of Appeal
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Spanish Corporate-Real Estate Legal Update nº 31. July 2016: The Supreme Court Rates a Credit as Subordinated Because the Creditor Is a Company Belonging to the Insolvent Company’s Group
    2016-07-06

    Judgment of the Supreme Court, Chamber One, Number 134/2016, 04 March

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Legal personality, Shareholder, Credit (finance), Debtor, Consideration, Debt, Mortgage-backed security, SCOTUS, Court of cassation
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Spanish banks must refund homebuyers’ deposits on unfinished developments
    2016-06-29

    A ruling by the Supreme Court in Spain says Spanish banks that held deposits for property that was never built are to be held to account. Around 100,000 people in the UK are thought to have paid big sums towards such properties in Spain but these were lost when several developers went bust in the wake of 2008’s financial crisis. Estimates for how much British buyers could claim are around £4bn.

    Filed under:
    Spain, United Kingdom, Banking, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Joint and several liability, SCOTUS
    Authors:
    Cristina Fernandez , Ramón Castilla
    Location:
    Spain, United Kingdom
    Firm:
    Squire Patton Boggs
    More Bad News for Bankruptcy Professionals - Baker Botts v ASARCO is Back Like a Boomerang
    2016-02-01

    Last June, the Supreme Court issued a ruling in Baker Botts LLP v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Supreme Court’s Wellness opinion effectively overturns the Sixth Circuit’s decision on bankruptcy court jurisdiction in Waldman
    2015-06-03

    Last week, in Wellness Int’l Network Ltd. v. Sharif, No. 13-935 (May 26, 2015), the Supreme Court held that a bankruptcy court can enter final judgment on “non-core” claims under 28 U.S.C. § 157 if the parties consent to that court’s jurisdiction.  It overturned a decision by the Seventh Circuit that relied heavily on the Sixth Circuit’s decision in Waldman v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS, United States bankruptcy court, Sixth Circuit
    Authors:
    Colter Paulson
    Location:
    USA
    Firm:
    Squire Patton Boggs
    On the rescission of dividends paid during the suspect period agreed in advanced within insolvency proceedings
    2015-03-31

    The Supreme Court rules in a recent decision over different bankruptcy incidents. The first relates to a work contract to supply materials in which a penalty clause for late work is established, and the ability to execute the works under the guarantee provided in the contract if the contractor may not execute them. Having a delay in delivery of the work and having entrusted to another company the repair works, the owner claimed the payment of the amounts and compensation with the guarantee held.

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, SCOTUS
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Jacobs v. Terpitz: entering into a partnership constitutes “minimum contacts”
    2015-03-13

    Since the Supreme Court’s decision in Stern v.

    Filed under:
    USA, New York, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Personal jurisdiction, SCOTUS, United States bankruptcy court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Same song – - third verse: US Supreme Court hears arguments in Wellness v. Sharif
    2015-01-15

    “Bad news comes in threes.” “Third time’s the charm.” “Three strikes and you’re out.”

    One of these three adages may come to characterize the outcome of a case of significant import argued before the US Supreme Court this week. The Supreme Court heard arguments on Wellness Int’l Network, Ltd. v. Sharif. The case is the third in a trilogy including Stern v. Marshall and Executive Benefits Ins. Agency v. Arkison, which examine the scope of the constitutional exercise of judicial power by bankruptcy courts.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    SCOTUS to decide whether order denying plan confirmation is “final,” appealable
    2014-12-15

    The Supreme Court granted cert last Friday in the case of Bullard v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS
    Authors:
    Larisa Vaysman
    Location:
    USA
    Firm:
    Squire Patton Boggs

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