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    Who is the proper party to bring a validation order application under section 42 of the Bankruptcy Ordinance (Cap. 6)?
    2015-05-06

    Section 42 of the Bankruptcy Ordinance (Cap. 6) (“BO”) provides that where a person is adjudged bankrupt, any disposition of property made by that person from the date of presentation of the bankruptcy petition is void unless made with the consent of the Court or unless subsequently ratified by the Court. The purpose of this section is to prevent the improper dissipation of the bankrupt’s assets once a bankruptcy petition is filed and to protect the principle of pari passu distribution.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Deacons, Bankruptcy, Standing (law)
    Authors:
    Richard Hudson , Cathy Wu
    Location:
    Hong Kong
    Firm:
    Deacons
    Update on Mexican bankruptcy law: treatment of bond debt and intercompany claims
    2011-05-23

    With the enactment of the Ley de Concursos Mercantiles (the “LCM”) in 2000, Mexico took a dramatic step towards modernizing its bankruptcy and insolvency laws. Several years later, in 2007, Mexico took additional steps by enacting a number of reforms aimed to create or clarify the legal framework regarding various important topics that were novel in Mexico, including implementation of a process to obtain approval of pre-negotiated plans.  

    Filed under:
    Mexico, Insolvency & Restructuring, Chadbourne & Parke LLP, Public company, Bond (finance), Bankruptcy, Debtor, Debt, Standing (law), Investment funds, Trustee
    Authors:
    Luis Enrique Graham , Salvador Fonseca , Sergio Rodríguez Labastida
    Location:
    Mexico
    Firm:
    Chadbourne & Parke LLP
    Contestability of refinancing agreements under insolvency proceedings after RD Act 4/2014
    2014-04-04

    This paper is essentially a commentary on the changes introduced by Royal Decree Act (Order in Council) 4/2014 in respect of applications for clawback (avoidance) orders against or within refinancing agreements.

    1. Non-homologated qualified majority refinancing agreements

    Arbitrary differences

    Filed under:
    Spain, Insolvency & Restructuring, Gomez-Acebo & Pombo Abogados, Standing (law)
    Location:
    Spain
    Firm:
    Gomez-Acebo & Pombo Abogados
    Who has the last say? The Court of Appeal upholds a liquidator’s decision despite creditor opposition
    2011-03-23

    In Rubin v Coote [2011] EWCA Civ 106 (09 February 2011) the Court of Appeal has upheld the decision of a liquidator to settle litigation against a former director of a company notwithstanding the opposition of the company’s creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Costs in English law, Leasehold estate, Standing (law), Liquidation, Liquidator (law), Insolvency Act 1986 (UK), Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    BDB Pitmans LLP
    Economic interest required
    2010-08-25

    A party cannot appeal a decision made in bankruptcy proceedings by reason only of a personal interest in the outcome. An economic interest is a pre-requisite.

    This was confirmed by the court in Sands and another v Monem and another, in which the bankrupt had transferred the interest in his home to his wife before being made bankrupt. The transfer was made allegedly in order to settle a debt, although this was not reflected in the documentation. That transfer was successfully set aside as a preference by the bankrupt's trustee.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Interest, Debt, Standing (law), Economy, Trustee
    Authors:
    Ian Weatherall , Greg Standing
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    FSA makes new rules
    2010-04-01

    FSA made five sets of new rules at its March board meeting:

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Dentons, Retail, Credit risk, Standing (law), Tariff, Building society, FSA
    Authors:
    Robert Finney
    Location:
    United Kingdom
    Firm:
    Dentons
    Structured finance subordination provisions upheld by High Court
    2009-08-14

    Introduction

    The High Court1 in England has confirmed the validity under English law of contractual provisions common in structured finance transactions which subordinate payments to a swap counterparty in circumstances where the swap counterparty has defaulted on its obligations under the terms of the relevant swap agreement.

    The Judgment

    Parties

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Cadwalader Wickersham & Taft LLP, Bankruptcy, Collateral (finance), Security (finance), Swap (finance), Standing (law), Default (finance), Lehman Brothers, Title 11 of the US Code, Insolvency Act 1986 (UK)
    Authors:
    Nick Shiren , Assia Damianova
    Location:
    United Kingdom
    Firm:
    Cadwalader Wickersham & Taft LLP
    Floating charge holder: no share in the prescribed part
    2008-01-25

    Background to Re Permacell

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer, Share (finance), Unsecured debt, Statutory interpretation, Debt, Standing (law), Liquidation, Secured creditor, Liquidator (law), Unsecured creditor, Debenture, 3M, Companies Act 2006 (UK), Insolvency Act 1986 (UK), Enterprise Act 2002 (UK)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Ninth Circuit Rejects Standing for Plaintiffs Alleging Inaccurate Credit Reports, Relying on Spokeo v. Robins
    2019-04-09

    Last week, a Ninth Circuit panel held that plaintiffs in five related cases lacked standing to pursue their FCRA claims. Specifically, the Ninth Circuit held that the allegation that a credit report contained misleading information, absent any indication that a consumer tried to engage in or was imminently planning to engage in any transactions for which the alleged misstatements in the credit reports made or would make any material difference, does not constitute a concrete injury.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Standing (law), Credit score, Fair Credit Reporting Act 1970 (USA)
    Authors:
    Jessica Lohr , Megan Burns , David N. Anthony
    Location:
    USA
    Firm:
    Troutman Pepper
    Lone Court Decision Complicates Question Regarding Effect of Bankruptcy Under WVCCPA
    2018-11-15

    The West Virginia Consumer Credit and Protection Act (“WVCCPA”) is a remedial statute designed to protect West Virginia consumers from improper debt collection. Only “consumers” have standing to file a lawsuit under the WVCCPA. The term “consumer” is defined as a natural person that owes a debt or allegedly owes a debt. But does a person still owe debt if that debt was discharged by a bankruptcy court? Although there is some conflicting case law in West Virginia, an answer is forming.

    Filed under:
    USA, Virginia, Banking, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Debtor, Consumer protection, Debt, Foreclosure, Standing (law), Debt collection, Bankruptcy discharge, Circuit court
    Authors:
    Andrew B. Buxbaum , David M. Gettings , David N. Anthony , David Asbury
    Location:
    USA
    Firm:
    Troutman Pepper

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