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    Amended Insolvency Rules
    2010-04-09

    On 6 April 2010 a second wave of major changes to the UK Insolvency Rules 1986 (the Rules) came into force.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Delaware bankruptcy court’s Pillowtex decision favors preference defendant relying on subsequent new value defense
    2009-10-20

    The October 15, 2009 decision of the US Bankruptcy Court for the District of Delaware in In re Pillowtex opens the door for creditors in the Third Circuit to increase their "new value" preference defense under the "subsequent advance" approach.In re Pillowtex, No. 03-12339 (Bankr. D. Del. filed Oct. 15, 2009).

    A trustee’s power to avoid preference payments is circumscribed by the statutory defenses set forth in section 547(c) of the Bankruptcy Code. The "subsequent new value" defense set forth in section 547(c)(4) has three well-established elements:

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Credit (finance), Debtor, Unsecured debt, Federal Reporter, Westlaw, Third Circuit, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Licensing Act 2003 – implications for insolvency practitioners
    2008-07-25

    The Licensing Act 2003 came into force in November 2005. Its effects were considerably wider than the much-publicised ‘24 hour drinking’ relaxation and, in particular, it makes specific provisions in relation to insolvency.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Leisure & Tourism, Squire Patton Boggs, Breach of contract, Landlord, McDonald's
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Singapore - - Becoming the “Delaware” of the Asia Pacific Region?
    2016-06-15

    Delaware has long established itself as a welcoming jurisdiction for various legal purposes. It began as a center for company incorporation by providing a corporate law framework that was flexible and continuously updated for new developments. More recently, Delaware has applied those same principles (plus an expansive view of venue) to become a center for major chapter 11 reorganization filings.

    Filed under:
    Singapore, USA, Delaware, Insolvency & Restructuring, Squire Patton Boggs, Debtor
    Authors:
    G. Christopher Meyer
    Location:
    Singapore, USA
    Firm:
    Squire Patton Boggs
    Any Port in a Storm - the Safe Harbor of Section 546(e)
    2016-04-28

    A bankruptcy court wrote that filing for bankruptcy is “powerful magic.”  By finding federal preemption of state law fraudulent transfer claims, the Second Circuit Court of Appeals’ decision in the long-running Tribune case showed just how powerful this magic can be.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Squire Patton Boggs, Federal preemption, Bankruptcy, Balance sheet, Leveraged buyout, Tender offer, United States bankruptcy court
    Authors:
    Kate Thomas
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Supreme Court to Answer the Question: What is Fraud, Really?
    2016-03-08

    On March 1, 2016, the U.S. Supreme Court heard argument on the seemingly simple question of what “actual fraud” means.  The Court’s decision will have a significant impact on the reach of the exception to discharge under Section 523(a)(2)(A) of the Bankruptcy Code.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White Collar Crime, Squire Patton Boggs, Fraud
    Authors:
    Aditi Kulkarni
    Location:
    USA
    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
    ‘Safe Harbour’ For Insolvent Trading: Australian Reforms Encourage Business Activity
    2015-12-21

    In December 2015, as part of its National Innovation and Science Agenda, the Federal Government announced a proposal to introduce a ‘safe harbour’ for directors from personal liability for insolvent trading.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Amanda Banton
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    The UK steel industry – the beginning of the end?
    2015-10-28

    Recent posts on eSQUIRE Global Crossings have highlighted the problems in the oil and gas sector and unfortunately this is not the only sector under pressure.

    Job losses and insolvency in the steel industry

    Filed under:
    United Kingdom, Insolvency & Restructuring, Trade & Customs, Squire Patton Boggs
    Authors:
    Mark Prior
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Robin Hood’s wrongful deeds
    2015-09-22

    The English High Court has, in one of the few successful cases on wrongful trading, clarified when directors ought to know that there is no reasonable prospect of avoiding insolvent liquidation and where the burden of proof lies in such cases.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, High Court of Justice
    Authors:
    Siân Taylor
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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