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    Serial Filers: Lenders And Lessors Given A New Remedy
    2017-01-06

    What can a lender do about successive bankruptcy filings by a borrower? What can lessors do when their tenants file successive bankruptcy petitions? A recent decision by a bankruptcy court in the Eastern District of New York gives guidance on these questions.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Mark A. Salzberg
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Marshalling Allows Individuals to Benefit from Agricultural Charges
    2016-11-16

    The High Court has recently held that an individual may claim the proceeds of the sale of assets subject to an agricultural charge by the application of the equitable remedy of marshalling.

    Agricultural Sector

    Filed under:
    United Kingdom, Agriculture, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Gemma Whale , Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Gibraltar Court Recognises Chapter 11 Bankruptcy as a Foreign Main Proceeding
    2016-09-15

    Peabody Energy Corporation is one of the biggest energy companies in the world. Its main business is coal mining and it conducts extensive operations in the United States and in Australia. Peabody had been hit by declining coal prices both for thermal coal and also for metallurgical coal used for steel making, especially due to the declining demand from China.

    Filed under:
    Gibraltar, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Squire Patton Boggs
    Authors:
    Helen Kavanagh
    Location:
    Gibraltar, USA
    Firm:
    Squire Patton Boggs
    The Second Circuit’s General Motors Decision Defines Limits To “Free And Clear” Sales
    2016-07-14

    Last week, the Second Circuit Court of Appeals reversed a bankruptcy court order barring tort claims for product defects against the purchaser of General Motors’ (“Old GM”) assets.  The purchaser (“New GM”) had purchased Old GM’s assets “free and clear” in Old GM’s 2009 bankruptcy case under section 363 of the Bankruptcy Code.  The Second Circuit’s ruling is certainly a victory for the plaintiffs who are seeking damages for personal injuries arising o

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, General Motors
    Authors:
    Aaron A. Boschee
    Location:
    USA
    Firm:
    Squire Patton Boggs
    UK Business Recovery and Resilience: Key Questions Answered (1)
    2022-03-09

    Click hre to watch the video.

    In the first of our short videos in relation to business recovery and resilience, John Alderton (Partner in our Restructuring & Insolvency team), responds to the question:

    ‘There hasn’t been a wave of insolvencies, is business stress still there or are we through the worst of it?’

    Please click here to listen to John’s answer.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Supply chain, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    John Alderton
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Bankruptcy Venue “Reform” - What Are The Odds This Time?
    2021-10-05

    Here we go again – proposed bankruptcy venue legislation is back after previous “reform” efforts came up empty. For those seeking legislative action, what are the chances for venue reform now?

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Authors:
    Mark A. Salzberg , Kyle F. Arendsen
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 - 28 May 2021
    2021-06-10

    The Australian government has taken swift action to enact new legislation that significantly changes the insolvency laws relevant to all business as a result of the ongoing developments related to COVID-1

    Filed under:
    European Union, Global, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Location:
    European Union, Global
    Firm:
    Squire Patton Boggs
    The Coronavirus Test: Indirect ‘financial effect’ of coronavirus could be sufficient to defeat a winding up petition (UK)
    2021-03-29

    Following the UK Government extending the restrictions on winding up petitions until 30 June 2021 it is useful to note two recent cases that have considered the coronavirus test that currently applies to winding up petitions.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Changes for the UK Restructuring and Insolvency Market- predictions for 2021
    2021-02-11

    At the start of 2020, we considered what changes the UK restructuring and insolvency market might expect to see during the year – however no one could sensibly have predicted the significant and far reaching impact of COVID-19.

    In part 1 of our blog, we look back at 2020 and look forward to what the UK restructuring market can expect in 2021 considering the new Insolvency Laws, expected Rule changes, pre-pack sales and practice and procedural points.

    Insolvency Laws – all change in 2020, what about 2021?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK), House of Lords
    Authors:
    Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Further suspension of UK wrongful trading laws introduced
    2020-11-26

    On 26 November 2020, The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Suspension of Liability for Wrongful Trading and Extension of the Relevant Period) Regulations 2020 (the “Regulations”) came into force.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus
    Authors:
    Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs

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