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    Oil and Gas M&A Market to Re-energize in 2016
    2016-01-22

    Since the third quarter of 2014, the appetite for lending to small and midsized exploration and production companies (E&P Companies) has decreased substantially for several reasons. The most significant reason is the drop in oil prices to the WTI Spot close at Cushing, Oklahoma in the $35 per barrel range at the end of 2015.

    Filed under:
    USA, Corporate Finance/M&A, Energy & Natural Resources, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Michael D. Cuda
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Energy Crisis: How Spain May Pull Abengoa from the Brink
    2016-01-22

    On Dec. 18, Spain’s High Court said it would investigate claims of mismanagement by Abengoa creditors’ against the former chairman and the former CEO of the engineering and energy firm struggling with serious financial problems. In its ruling, the High Court asked Felipe Benjumea, the former chairman whose father founded the company, to post a bond of 11.5 million euros ($12.5 million) to cover potential liabilities within 24 hours.

    Filed under:
    Spain, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Fernando González
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    China’s Steel Industry Fights For Survival
    2016-01-21

    China is one of the largest manufacturers and consumers of iron and steel products.   The steel industry in China has developed over several decades into the biggest in the world. China accounts for nearly 50% of world steel production. It has been driven by rapid modernization of its economy, construction, infrastructure and manufacturing industries.

    Filed under:
    China, United Kingdom, Insolvency & Restructuring, Trade & Customs, Squire Patton Boggs, Consumer protection, Environmental protection, Air pollution
    Authors:
    Quian (Sarah) Xiong
    Location:
    China, United Kingdom
    Firm:
    Squire Patton Boggs
    Third Circuit Declares Win for Trump (Entertainment, That Is)
    2016-01-21

    Did Trump win again? Yes, but this time it was not “The Donald” but was instead the casino operator Trump Entertainment Resorts, Inc.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Third Circuit
    Authors:
    Mark A. Salzberg , Jill S. Kirila
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Trump (Entertainment) Wins!
    2016-01-20

    Did Trump win again?  Yes, but this time it was not “The Donald” but was instead the casino-operator Trump Entertainment Resorts, Inc. (“Trump Entertainment”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Third Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Competence of the Magistrate of the Mercantile Court Regarding Social Security Debts as Part of Insolvency Proceedings
    2016-01-19

    The Provincial Court of Zaragoza has ruled on an appeal lodged by the General Treasury of Social Security against a Mercantile Court decision approving a liquidation plan that considered the transfer of the insolvent company as a productive unit and exonerated the buyer from social security debts.

    The legal issue to consider was whether the magistrate of the Mercantile Court had the power to declare the buyer of an insolvent company exempt from paying the social security debts acquired prior to said transfer, as it did.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Insolvency Claims Under LASPO: “Use it or Lose it”
    2016-01-19

    Unless you have been living in a cave, you will have heard the very disappointing news that the current exemption to the Jackson reforms for insolvency claims under the Legal Aid, Sentencing and Punishment of Offenders Act (“LASPO”) will cease as of 1 April 2016.

    If you are to avail yourself of the benefits of the Jackson exemption, which was one of the few pieces of legislation that levelled out the playing field between Insolvency Practitioners (“IPs”) and rogue directors – then read on.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Laura Crawford , Jon Chesman
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Bankruptcy CSI: did the CEO leave evidence of wrongdoing?
    2016-01-18

    When is there sufficient evidence to hold that a fiduciary’s debt to an ERISA benefit plan is non-dischargeable in bankruptcy?  The Bankruptcy Court for the Eastern District of New York recently held in In re Kern, Case No. 13-08096 (Dec.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Fiduciary
    Authors:
    Peter R. Morrison
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Red Flag Warnings: Ignore Them At Your Peril
    2016-01-13

    When can a bank be at risk of unknowingly receiving a fraudulent transfer?  How much information does a bank need to have before it is on “inquiry notice”?  A recent decision from the Seventh Circuit Court of Appeals highlights the risks that a bank takes when it ignores red flags and fails to investigate.

    In re Sentinel Management Group – The Decision

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Will Lenders Roll Snake Eyes? Seventh Circuit Says Caesars May Be Entitled To Injunction
    2016-01-11

    Two days before Christmas, the Seventh Circuit Court of Appeals issued a ruling that is likely to have a dramatic impact in the highly-contested Caesars Entertainment bankruptcy case.  The decision may also give a green light to other debtors seeking to enjoin lawsuits brought against non-debtor affiliates.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Injunction, Seventh Circuit
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs

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