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    U.S. Supreme Court upholds secured lenders’ right to credit bid in sale of collateral under plan of reorganization
    2012-05-30

    The U.S. Supreme Court has ruled that a secured creditor cannot be denied its right to “credit bid”—i.e., to offset the amount of its debt against the purchase price of assets, rather than bidding in cash—in sales of collateral undertaken in connection with plans of reorganization under Chapter 11 of the Bankruptcy Code. In so ruling, the Court resolved a widely publicized split of authority among the Circuit Courts of Appeal, and rejected the Third Circuit’s ruling in the Philadelphia Newspapers case.1

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Credit (finance), Collateral (finance), Statutory interpretation, Debt, Secured creditor, Secured loan, Title 11 of the US Code
    Authors:
    Brian Trust , Howard S. Beltzer , Thomas S. Kiriakos
    Location:
    USA
    Firm:
    Mayer Brown
    In re Philadelphia Newspapers, LLC – uprooting three decades of secured creditor’s expectations?
    2010-03-30

    Overview

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Statutory interpretation, Interest, Federal Reporter, Debt, Fair market value, Secured creditor, Majority opinion, Title 11 of the US Code, United States bankruptcy court, Third Circuit
    Authors:
    Brian Trust , Thomas S. Kiriakos
    Location:
    USA
    Firm:
    Mayer Brown
    The federal law “on clearing and clearing activities” and related amendments to Russian legislation
    2011-03-18

    Background

    Until recently Russian legislation was not familiar with the concept of close-out netting. Although there was no prohibition for market participants to enter into netting agreements, Russian courts would not enforce such agreements in case of bankruptcy. This led to the use of complex structures to avoid the negative consequences of the application of Russian law and was a strong argument in favor of using foreign entities and application of foreign law to derivative transactions.

    Filed under:
    Russia, Insolvency & Restructuring, Herbert Smith Freehills LLP, Contractual term, Bankruptcy, Clearing (finance), Security (finance), Statutory interpretation, Commodity
    Location:
    Russia
    Firm:
    Herbert Smith Freehills LLP
    What happens to direct life insurances in the event of an employer’s insolvency in Germany?
    2010-09-30

    The Federal Labour Court has ruled on the fundamental issue of who will be entitled to the rights under a life insurance policy concluded by the employer in the employee’s favour in the event that an employment relationship comes to an end in the course of the employer’s insolvency proceeding.

    Filed under:
    Germany, Employee Benefits & Pensions, Insolvency & Restructuring, Insurance, Litigation, Herbert Smith Freehills LLP, Statutory interpretation, Beneficiary, Life insurance, Vesting, US Senate, SCOTUS
    Authors:
    Ian Gault , Daniel Schaffer , Alison Brown , Roderick Morton
    Location:
    Germany
    Firm:
    Herbert Smith Freehills LLP
    Secured claims in proposal proceedings
    2008-08-11

    In the recent decision of Re WorkGroup Designs Inc.,1 the Ontario Court of Appeal considered the provisions of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the "BIA") which relate to valuing and determining the claims of secured creditors in proposal proceedings under the BIA.

    Background

    Filed under:
    Canada, Ontario, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Bankruptcy, Unsecured debt, Statutory interpretation, Liquidation, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Royal Bank of Canada, Canada Revenue Agency, Court of Appeal for Ontario, Ontario Superior Court of Justice, Court of Appeal of Singapore, Trustee
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    First Circuit denies post-petition interest to senior unsecured creditors
    2011-07-05

    The United States Court of Appeals for the First Circuit upheld a bankruptcy court’s ruling that, where subordination agreements lacked explicit provisions addressing the payment of post-petition interest on senior unsecured debt, the agreements were ambiguous, and an inquiry into the parties’ intent was required. After probing the facts and analyzing New York law, the bankruptcy court determined that the contracting parties did not intend to subordinate the junior unsecured debt to post-petition interest on the senior debt.

    Background

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Unsecured debt, Statutory interpretation, Interest, Federal Reporter, Debt, US Code, United States bankruptcy court, First Circuit, Trustee
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Third Circuit rules secured creditors do not have a right as a matter of law to credit bid in bankruptcy plan sale
    2010-03-25

    This week, in a 2-1 decision affirming the District Court’s reversal of a ruling of the Bankruptcy Court for the Eastern District of Pennsylvania, the United States Court of Appeals for the Third Circuit held that secured creditors do not have a right as a matter of law to credit bid their claim at an auction pursuant to a plan of reorganization where the debtor intends to impose the plan on its secured creditors through a “cramdown” under section 1129(b)(2)(A)(iii) of the Bankruptcy Code; i.e., a plan providing the secured creditors with the “indubitable equivalent” of their secured claim.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Winston & Strawn LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Statutory interpretation, Interest, Secured creditor, Secured loan, Title 11 of the US Code, US Congress, United States bankruptcy court, Third Circuit, US District Court for Eastern District of Pennsylvania
    Location:
    USA
    Firm:
    Winston & Strawn LLP
    Comments on the Supreme Court of Canada’s landmark insolvency decision in Ted LeRoy Trucking
    2011-05-20

    The Supreme Court of Canada decision in Century Services Inc. v. Canada (Attorney General), which arose from the restructuring proceedings of Ted LeRoy Trucking Ltd. and was released on December 6, 2010, is a landmark decision in Canadian insolvency law.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, McCarthy Tétrault LLP, Bankruptcy, Debtor, Statutory interpretation, Debt, Liquidation, Companies' Creditors Arrangement Act 1933 (Canada), Bankruptcy and Insolvency Act 1985 (Canada), SCOTUS, Supreme Court of Canada, Court of Appeal for Ontario
    Authors:
    Kevin P. McElcheran , Heather L. Meredith
    Location:
    Canada
    Firm:
    McCarthy Tétrault LLP

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