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    Beware the costs of preparatory compliance with liquidators' disclosure orders
    2016-12-13

    The liquidators of two Cayman Island companies obtained orders under s 195(3) of the Bermudan Companies Act 1981 for PwC, as the companies' auditor, to provide information and documents to the liquidators. PwC decided to appeal but, in the meantime, did US$250,000 of preparatory work necessary to enable compliance, if required, with the orders.

    As a result of the appeal, both orders were set aside. In PricewaterhouseCoopers v SAAD Investments Co Ltd & Anor (Bermuda) PwC applied to recover from the liquidators the costs of preparing to comply with the orders.

    Filed under:
    Bermuda, Cayman Islands, New Zealand, Insolvency & Restructuring, Litigation, Buddle Findlay, Stay of execution
    Authors:
    Myles O'Brien , Susan Rowe , Bridie McKinnon , Scott Abel , Kelly Paterson , Willie Palmer , Scott Barker , David Perry , Peter Niven , Jan Etwell
    Location:
    Bermuda, Cayman Islands, New Zealand
    Firm:
    Buddle Findlay
    In re Lett: preserving APR plan confirmation objections on appeal
    2011-06-03

    Earlier this year, the United States Court of Appeals for the Eleventh Circuit decided in In re Lett that objections to a bankruptcy court’s approval of a cram-down chapter 11 plan on the basis of noncompliance with the “absolute priority rule” may be raised for the first time on appeal. The Eleventh Circuit ruled that “[a] bankruptcy court has an independent obligation to ensure that a proposed plan complies with [the] absolute priority rule before ‘cramming’ that plan down upon dissenting creditor classes,” whether or not stakeholders “formally” object on that basis.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Unsecured debt, Interest, Debt, Standard of review, Remand (court procedure), Dissenting opinion, Stay of execution, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit
    Authors:
    Dan T. Moss , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    PROMESA Shields Puerto Rico Behind a New Automatic Stay
    2016-07-21

    On June 30, 2016, President Obama signed the Puerto Rico Oversight, Management, and Economic Stability Act (PROMESA)[1] into law. A copy of the Act can be found here.

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Litigation, Public, Bryan Cave Leighton Paisner (Bryan Cave), Bond (finance), Bankruptcy, Letter of credit, Debtor, Commodity broker, Economy, Exclusive jurisdiction, Stay of execution, Municipal bond, Title 11 of the US Code
    Location:
    Puerto Rico, USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Canadian insolvency proceedings of Pacific Exploration & Production Corporation recognised as main proceedings by Colombia and US Bankruptcy Court
    2016-09-28

    Pacific Exploration & Production Corporation ("the Company"), a Canadian public company who explore and produce natural gas and crude oil with operations focused in Latin America. In April 2016, the Company obtained an initial order from the Ontario Superior Court for protection under the Companies' Creditors Arrangement Act for the restructuring of the Company.

    Filed under:
    Canada, Colombia, USA, Insolvency & Restructuring, Litigation, Ashfords LLP, Public company, Letter of credit, Debtor, Natural gas, Stay of execution, Title 11 of the US Code, United States bankruptcy court, Ontario Superior Court of Justice
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    Canada, Colombia, USA
    Firm:
    Ashfords LLP
    Marme Inversiones 2007 S.L. v The Royal Bank of Scotland et al [2016] EWHC 1570 (Comm)
    2016-07-08

    The UK Commercial Court has dismissed the Claimant's application for a stay under Article 28 of the Judgments Regulation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ashfords LLP, Commercial property, Interest, Swap (finance), Liquidation, Cashflow, Default (finance), Exclusive jurisdiction, Stay of execution, The Royal Bank of Scotland, High Court of Justice
    Authors:
    Emma Clayton
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Appeal of Adelphia confirmation order is dismissed on the grounds of equitable mootness
    2007-07-27

    Equitable mootness is a doctrine grounded in equity pursuant to which an appeals court will dismiss an appeal of a bankruptcy order — even if effective relief could conceivably have been granted — because the implementation of such relief (e.g., the reversal of a bankruptcy court order) would be inequitable to third parties. This doctrine may be applied to achieve the necessary finality of bankruptcy orders and decisions that is required to effectuate the successful, expedient reorganization of debtors in bankruptcy.2

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bond (finance), Bankruptcy, Debtor, Bail, Stay of execution, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    Southern District of New York rules that non-impairment clauses do not apply in bankruptcy
    2007-10-04

    While many amendments to bond indentures can be made without consent from all bondholders, “non-impairment” clauses provide that the indenture may not be amended or restructured in any way that will affect or impair a bondholder’s right to receive principal and interest when due without unanimous consent.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Bond (finance), Bankruptcy, Debtor, Interest, Debt, Dissenting opinion, Default (finance), Stay of execution, Second Circuit, United States bankruptcy court, Trustee
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    IVA thwarts claim to interest
    2007-05-23

    The claimant obtained a judgment against the defendant for breach of a guarantee. The defendant entered into an IVA with his creditors, which included his liability to the claimant. The defendant paid the judgment sum to the claimant, but not the interest awarded on it. The claimant contended that the award of interest was a post-IVA claim, and threatened to bankrupt the defendant which would lead to a termination of the IVA. The defendant applied for a stay of execution of the interest part of the judgment, on the ground that it was within the IVA.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Breach of contract, Threatened species, Interest, Debt, Capital punishment, Stay of execution
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Appeal from reorganization plan order not moot despite lack of stay pending appeal
    2009-11-24

    The U.S. Court of Appeals for the Tenth Circuit held on Nov. 3, 2009, that a district court had improperly dismissed, on mootness grounds, an appeal from a bankruptcy court’s order confirming a reorganization plan. According to the Tenth Circuit, the appeal was reviewable because reversal of the plan confirmation order (1) would not unduly affect innocent third parties, and (2) would not undo any complex transactions.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Interest, Federal Reporter, Liability (financial accounting), Remand (court procedure), Stay of execution, US Constitution, Second Circuit, United States bankruptcy court, Tenth Circuit, Trustee
    Authors:
    Michael L. Cook
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Supreme Court lifts temporary stay on Chrysler sale; New Chrysler purchases bulk of Chrysler Assets
    2009-06-11

    Yesterday morning, Chrysler Group LLC (formerly New CarCo Acquisition LLC), backed by Italian automaker Fiat S.p.A., acquired substantially all of Chrysler’s assets. Under the terms of the deal, a union retiree trust will initially own 55% of the new company, Fiat S.p.A. will own 20% and the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Limited liability company, Legal burden of proof, Stay of execution, US Federal Government, Chrysler
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP

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