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    Australia’s External Administrators Afforded Significant Latitude under IPS 90-15
    2023-04-03

    The Insolvency Practice Schedule (Corporations) (Practice Schedule) was introduced in 2015 via the Insolvency Law Reform Bill 2015. The Practice Schedule was introduced together with the Insolvency Practice Schedule (Bankruptcy) with the intention of providing specific rules to aid in the handling of personal bankruptcies and corporate external administration. 

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Fintech
    Authors:
    Masi Zaki
    Location:
    Australia
    Firm:
    Squire Patton Boggs
    (UK) What is Vote Swamping in a CVA and When Might it be Unfairly Prejudicial?
    2023-04-03

    In a previous blog about the case of Mizen we considered the case from the point of view of “guarantee stripping”, looking at how the CVA dealt with those claims. However, the CVA was challenged on a number of bases, including whether it was unfairly prejudicial as a consequence of “vote swamping”.

    In this blog, we look at that aspect of the case.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Rebecca Terrace , Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    What Is In Your Derivatives?
    2023-03-29

    With all the market turmoil and headlines about insolvencies or potential insolvencies in the financial sector and the wider markets, and potential rescue of stressed/distressed entities, many clients are concerned, and should be thinking, about the potential impact of these developments on their derivatives (commonly documented under an ISDA master agreement (an ISDA)) and, in particular: (a) if the relevant event constitutes a default, potential event of default, event of default or termination event or, alternatively, will trigger automatic early termination, under their ISDAs with their

    Filed under:
    Global, United Kingdom, Company & Commercial, Derivatives, Insolvency & Restructuring, Squire Patton Boggs, International Swaps and Derivatives Association
    Authors:
    Monika Lorenzo-Perez , Charlotte Møller
    Location:
    Global, United Kingdom
    Firm:
    Squire Patton Boggs
    Highland Capital Fails Bid to Recuse Presiding Judge (US)
    2023-03-29

    In January, we wrote about Highland Capital Management, L.P. and the reorganized debtor’s filing of a petition for a writ of certiorari, by which the reorganized debtor asked the Supreme Court to consider whether section 524(e) of the Bankruptcy Code prohibits non-debtor exculpations.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Supreme Court of the United States
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Stripped and Outnumbered: Compromising Guarantee Claims in a CVA
    2023-03-27

    A company voluntary arrangement (CVA) is a tool which has been widely utilised by companies seeking to restructure and compromise liabilities.

    In recent years CVAs have been in the limelight because of attacks by landlords who feel that they have been unfairly prejudiced by the CVA terms. Largely, challenges such as those to the Regis and New Look CVAs have been unsuccessful, but arguments about unfair prejudice based on “vote swamping” were left open for future debate.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Company voluntary arrangement
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    (UK) EBT Claims- Have Beneficiaries been Unjustly Enriched?
    2023-03-15

    Can a liquidator run an unjust enrichment claim to seek to recover PAYE and NIC liabilities from a company’s directors arising from the company’s use of a “disguised remuneration” employee benefit trust (“EBT”) scheme? Based on the findings of ICC Judge Barber in the case of Re Ethos Solutions Ltd, the answer is “no”.

    EBTs: Background

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Squire Patton Boggs, HM Revenue and Customs (UK)
    Authors:
    Jon Chesman
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Recent Bank Failures: Practical Considerations and Bank Resolution Procedures
    2023-03-12

    On Sunday evening, March 12, 2023, the US Department of the Treasury, Board of Governors of the Federal Reserve Board (Federal Reserve) and Federal Deposit Insurance Corporation (FDIC) released a joint statement announcing various actions to stabilize the US banking system, in light of the widely publicized failures of Silicon Valley Bank (SVB) and Signature Bank (Signature Bank), each of which was closed by their respective state chartering authorities, with the FDIC appointed as receiver.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Squire Patton Boggs, Federal Deposit Insurance Corporation (USA), US Department of the Treasury
    Authors:
    James J. Barresi
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Spell Out Percentages in Your Stipulated Judgments
    2023-03-09

    An all too typical fact pattern involves a small-time ne’er-do-well infringing on the rights of a much bigger corporation. When the corporation is forced to bring a lawsuit, the “little guy” infringer cries poverty and seeks a settlement. An oft-used tactic of corporations is to settle the matter quickly (and before too much in attorneys’ fees has been incurred) for a relatively modest sum (or even no money at all) while also including a mechanism by which any breach of the settlement agreement triggers the filing of an agreed judgment for a large sum of money.

    Filed under:
    USA, Copyrights, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Copyright infringement
    Location:
    USA
    Firm:
    Squire Patton Boggs
    De-Risking Your Supply Chain
    2023-03-03

    Supply chains are facing a fresh barrage of challenges. There are an almost infinite variety of issues that can arise within the supply chain. Minor irritants that historically may have just made business a bit more difficult to transact can, in the current environment, cumulatively exert significant pressure. Additionally, an over reliance on a third party or failure to spot the weakest links in this chain could have a catastrophic impact on your business

    In our latest insight, we consider how to identify pinch points in your supply chain and de-risk them.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Trade & Customs, Squire Patton Boggs, Supply chain
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Will Changes to the Option To Tax Regime Impact UK Insolvency Sales?
    2023-02-28

    Where a commercial property is sold by a receiver or insolvency practitioner (IP), VAT must be charged on the sale if the owner had exercised and properly notified an option to tax (OTT) in respect of the property. The IP acting on behalf of the seller needs to establish whether an OTT has been made and notified so that VAT is charged , if needed.  This can be difficult if company records are in disarray, directors of the insolvent company are non-cooperative and/or the IP or receiver has limited knowledge of the property and company.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Squire Patton Boggs, Value added tax, Insolvency, Receivership, HM Revenue and Customs (UK)
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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