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    Game over - or soon will be
    2014-02-12

    This week will hopefully see the end of a long running battle between Britain’s biggest landlords and the restructuring profession. On 12 February, the Court of Appeal will start to hear an appeal relating to the administration of Game Station (Jervis v Pillar Denton). It will consider whether the administrators should pay rent for the properties which they occupied during the administration as an administration expense, so ensuring the landlords receive their rent in priority to payments  made to other creditors.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Landlord
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    The Government launches a discussion paper on the transparency of the ownership and control of companies, the enforcement of directors’ duties and the compensation of creditors
    2013-08-14

    The Government has recently published a discussion paper, ‘Transparency & Trust: Enhancing the transparency of UK company ownership and increasing trust in UK business’, inviting feed-back on a number of proposals concerning the transparency of company ownership and control, enforcement of directors’ duties and compensation of creditors.  Among other things, the Government proposes to:  

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Jane Haxby , Richard Glover , Giles Distin , Edward Dawes
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Bankruptcy’s automatic stay does not shield a debtor who tortiously uses his property
    2012-07-16

    To a business litigator, the bankruptcy debtor’s most effective weapon is often the automatic stay, which is commonly used – or abused, depending on the perspective – to, inter alia, stay all pending litigation against the debtor and keep him in sole control of an asset, despite seeming abuses of that control.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Contempt of court
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Seventh Circuit makes life tougher for directors with conflicts
    2011-04-27

    In a decision released on March 29, 2011, CDX Liquidating Trust v. Venrock Assocs., et al., 2011 U.S. App. LEXIS 6390 (7th Cir. March 29, 2011), the United States Court of Appeals for the Seventh Circuit, reversing the district court’s ruling, held that a director’s disclosure of a conflict, in and of itself, is insufficient to protect that director from liability for breach of fiduciary duty or disloyalty arising from that conflict.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Conflict of interest, Corporate governance, Shareholder, Debtor, Breach of contract, Fiduciary, Board of directors, Interest, Venture capital, Liquidation, Preferred stock, Bridge loan, Seventh Circuit
    Authors:
    Stephen D. Lerner , Jeffrey A. Marks , Sandra E. Mayerson , Peter A. Zisser
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Knowledge is power -- or at least triggers the ERISA statute of limitations
    2010-10-01

    The Sixth Circuit continues to liberally define the "actual knowledge" required to trigger the 3-year ERISA statute of limitations and, in doing so, affirmed summary judgment in favor of the defendants in Brown v Owens Corning Investment Review (Case No. 09-3692).

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Breach of contract, Fiduciary, Statute of limitations, Federal Reporter, Eighth Circuit, Sixth Circuit
    Authors:
    Emily E. Root
    Location:
    USA
    Firm:
    Squire Patton Boggs
    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
    “We’re Gonna Score More Than You…….”
    2016-06-14

    Chances are those well-known eloquent lyrics have stirred up some patriotic spirit from somewhere deep within even the most sporting averse of us.

    With the 2016 summer of sport fast upon us the effect of the Euros, Wimbledon and the Olympics could have a significant impact on the economy (and the nerves) of the nation.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Media & Entertainment, Squire Patton Boggs
    Authors:
    Jennifer Jones , John Alderton
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Sunny side up or sunny side down (what is it with pension liabilities . . .)?
    2016-04-26

    The latest iteration of the Sun Capital litigation has confirmed once again what many restructuring professionals have known for a long time - that pension liabilities have a nasty habit of kicking investors where it hurts, often when least expected. Our recent blog explains the decision and provides some insights on the case.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Liability (financial accounting)
    Authors:
    Philip Sutton
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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