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    “You Can’t Always Get What You Want” - - Denial of Claimed Exemptions for Offshore Annuities
    2016-07-25

    The bankruptcy courts have a long history of being willing to use their judicial power under the Bankruptcy Code to prevent perceived efforts by debtors to inappropriately shield their assets from creditors. This is true even when the debtors employ structures and devices that are complex and crafted in seeming compliance with applicable law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Tax exemption, Bankruptcy, Conflict of laws, Debtor, Annuity, Life annuity, Tax haven, Securities fraud, Internal Revenue Service (USA), US Securities and Exchange Commission, United States bankruptcy court
    Authors:
    G. Christopher Meyer
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Good news and bad news for corporate managers dealing with insolvency issues
    2007-06-18

    Directors and officers of Delaware corporations face no liability to corporate creditors from direct claims for breach of fiduciary duty, under the Delaware Supreme Court’s recent ruling in North American Catholic Educational Programming Foundation, Inc. v. Gheewalla, (May 18, 2007) (“North American Catholic”).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bond (finance), Bankruptcy, Shareholder, Debtor, Breach of contract, Fiduciary, Board of directors, Insider trading, Good faith, Due diligence, Non-disclosure agreement, Delaware General Corporation Law, US Securities and Exchange Commission, Barclays, Delaware Supreme Court, US District Court for SDNY, Colorado Supreme Court
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Surviving the aircraft financial pandemic
    2009-07-28

    There are signs of hope in the aviation marketplace, with the slow return of financing and the apparent bottoming-out of aircraft values. Buying opportunities abound-but so do risks; and no situation is more frustrating than finding yourself "infected" by someone else's bankruptcy. Even if the market has reached its nadir, there are many companies that are simply not going to survive much longer in the market as it has been redefined.

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Letter of credit, Collateral (finance), Breach of contract, Interest, Fair market value, Unsecured creditor, US Securities and Exchange Commission
    Authors:
    Alexander M. Laughlin
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Excess D&O policy rescinded based on fraudulent representations regarding solvency
    2007-08-13

    The United States District Court for the Southern District of Ohio, applying Ohio law, has held that an insurer could rescind an insurance policy based on an individual's fraudulent statements that the insured company was not facing bankruptcy. Unencumbered Assets Trust v. Great Am. Ins. Co., 2007 WL 2029063 (S.D. Ohio July 10, 2007).

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Fraud, Indictment, Common law, Annual report, US Securities and Exchange Commission, United States bankruptcy court, US District Court for Southern District of Ohio
    Location:
    USA
    Firm:
    Wiley Rein LLP
    SEC reporting after a bankruptcy filing - Part I
    2013-06-06

    Your good client Michael Bluth calls you from the Delaware bankruptcy court. Now that his family’s business, The Bluth Company, has filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code and his late nights with DIP lenders and our bankruptcy colleagues have come to a temporary pause, Michael’s ready to turn back to his typical day-to-day job running his business.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Form 8-K, US Securities and Exchange Commission, United States bankruptcy court
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    SEC and FDIC Propose Dodd-Frank Broker-Dealer Resolution Rules
    2016-04-07

    SEC and FDIC Propose Dodd-Frank Broker-Dealer Resolution Rules

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Dechert LLP, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), US Securities and Exchange Commission, Federal Deposit Insurance Corporation (USA), Securities Investor Protection Corporation
    Location:
    USA
    Firm:
    Dechert LLP
    11th Cir. Holds Failure to File Proof of Claim in Receivership Does Not Extinguish Security Interest
    2017-04-17

    The U.S. Court of Appeals for the Eleventh Circuit recently held that a court cannot extinguish a secured creditor’s state-law security interests for failure to file a proof of claim during the administration of an equity receivership over entities involved in a Ponzi scheme.

    A copy of the opinion in Securities and Exchange Commission v. Wells Fargo Bank is available at: Link to Opinion.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Unsecured debt, Secured creditor, US Securities and Exchange Commission, Eleventh Circuit
    Authors:
    Hector E. Lora
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Caremark liability extended to corporate officers
    2008-05-02

    Do officers of a public corporation have an affirmative obligation to monitor corporate affairs? Yes, according to Judge Walsh in his recently issued memorandum opinion in Miller v. McDonald (In re World Health Alternatives, Inc.).1 Although "Caremark" oversight liability had previously generally only been imposed on directors of public corporations, the Bankruptcy Court for the District of Delaware determined that officers are not immune from such liability as a matter of law.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP, Debtor, Breach of contract, Fraud, Fiduciary, Accounts receivable, Misconduct, Accounting, Misrepresentation, General counsel, Sarbanes-Oxley Act 2002 (USA), Internal Revenue Service (USA), US Securities and Exchange Commission, United States bankruptcy court
    Location:
    USA
    Firm:
    White & Case LLP
    It’s Getting Chilly: The “Cryptowinter” Marches On
    2022-07-28

    It’s been a hard year for cryptocurrency. The values of most cryptocurrencies, including major coins such as Bitcoin and Ethereum, have continued to tumble. In fact, the price of one stablecoin, which is a form of cryptocurrency tied to another currency, commodity or financial instrument, de-pegged from its cryptocurrency token and entered into a downward spiral. Ultimately, the stablecoin and the crypto token it was pegged to collapsed, erasing $18 billion of value with it.

    Filed under:
    British Virgin Islands, USA, Banking, Derivatives, Insolvency & Restructuring, IT & Data Protection, Patterson Belknap Webb & Tyler LLP, Cryptocurrency, Coronavirus, US Securities and Exchange Commission, Commodity Futures Trading Commission (USA), US Congress
    Authors:
    Daniel A. Lowenthal
    Location:
    British Virgin Islands, USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    Court Affirms Ruling Requiring Accounting Firm to Produce Workpapers in Chapter 15 Case
    2018-07-19

    An accounting firm in the United States must produce workpapers to a chapter 15 foreign representative even if the law where the foreign main proceeding is pending would not permit such production. CohnReznick LLP v. Foreign Representatives of Platinum Partners Value Arbitrage Fund L.P. (In re Platinum Partners Value Arbitrage Fund L.P.), No. 18-5176 (DLC), 2018 U.S. Dist. LEXIS 109684 (S.D.N.Y June 29, 2018).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Patterson Belknap Webb & Tyler LLP, US Securities and Exchange Commission, US District Court for SDNY
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP

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