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    When will liquidators risk a personal costs order?
    2020-11-30

    In our previous update dated 5 November 2020, we looked at when it is reasonable for insolvency practitioners to continue litigation. In this article, we explore the circumstances in which personal costs orders may be made against liquidators.

    Key points

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons
    Location:
    USA
    Firm:
    Dentons
    Treasury issues final regulations on partnership interests transferred to creditor in debt-for-equity exchange
    2011-11-21

    On November 15, 2011, the U.S. Internal Revenue Service ("IRS") and the U.S. Department of Treasury ("Treasury") issued final regulations under Section1 108(e)(8) and certain other Sections relating to the application of Section 108(e)(8) to partnerships (collectively, the "Final Regulations").

    Filed under:
    USA, Insolvency & Restructuring, Tax, Dentons, Debtor, Interest, Debt, Liquidation, Fair market value, Internal Revenue Service (USA)
    Location:
    USA
    Firm:
    Dentons
    Pension Benefit Guaranty Corporation issues proposed rule clarifying implementation of Section 404 which treats bankruptcy filing date as "plan termination date" for certain purposes
    2008-07-17

    Bankruptcy practitioners and plan beneficiaries should take note of a little-known ERISA amendment that impacts bankruptcy cases filed on or after September 16, 2006. On June 30, 2008, the Pension Benefit Guaranty Corporation (the "PBGC") released a proposed rule clarifying how Section 404 ("Section 404") of the Pension Protection Act of 2006 (the "PPA") will be implemented. Section 404 amends Title IV of ERISA in certain key respects.

    Filed under:
    USA, Employee Benefits & Pensions, Insolvency & Restructuring, Dentons, Bankruptcy, Employee Retirement Income Security Act 1974 (USA), Debtor, Trade union, Beneficiary, Liability (financial accounting), Sponsor (commercial), Pension Benefit Guaranty Corporation
    Location:
    USA
    Firm:
    Dentons
    Judgment handed down in latest Lehman directions application
    2020-07-07

    Judgment has now been handed down by Marcus Smith J in another important case regarding the Lehman estate. This gives much needed clarity on how subordinated debts rank as between themselves.

    The judgment concerned:

    Filed under:
    USA, Insolvency & Restructuring, Dentons, Bankruptcy of Lehman Brothers
    Authors:
    Tessa Blank , Jonathan Sears
    Location:
    USA
    Firm:
    Dentons
    Bad facts make bad law: another attack on MERS
    2011-03-01

    On February 10, 2011, the United States Bankruptcy Court for the Eastern District of New York issued a memorandum decision addressing whether the alleged holder of a mortgage loan had sufficient status as a secured creditor to seek relief from the automatic stay to pursue a foreclosure action.1 After resolving the primary issue in controversy on purely procedural grounds and granting the requested relief, the Court analyzed whether an entity that acquires its interest in a mortgage loan through an assignment from Mortgage Electronic Registration Systems, Inc.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Dentons, Debtor, Res judicata and issue estoppel, Mortgage loan, Foreclosure, Standing (law), Secured creditor, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Dentons
    Private equity firm faces potential liability for deepening insolvency damages
    2008-06-25

    A recent decision by the Delaware bankruptcy court highlights the issues which must be considered by private equity firms, investment funds and other entities who play an active role in the management of their financially distressed portfolio companies.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Dentons, Shareholder, Breach of contract, Fiduciary, Debt, Negligence, Investment funds, Title 11 of the US Code, Delaware Supreme Court, United States bankruptcy court
    Location:
    USA
    Firm:
    Dentons
    Unfinished Business: The Continuing Impact of 'Jewel v Boxer'
    2018-01-03

    Like any other business, law firms sometimes fail. While the failures of large law firms are well-publicized, smaller law firms can be just as or even more susceptible to failure, as the unexpected departure of the firm’s most profitable partner can be devastating to a small firm.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Dentons
    Location:
    USA
    Firm:
    Dentons
    Third Circuit affirms discounted cash flow as commercially reasonable measure of repurchase agreement damages claim
    2011-02-18

    The United States Third Circuit Court of Appeals (the "Third Circuit") issued an opinion on February 16, 2011 in the American Home Mortgage chapter 11 proceeding that upheld a determination by the United States Bankruptcy Court for the District of Delaware (the "Bankruptcy Court") on the valuation of a creditor’s claim that in connection with the termination and acceleration of a mortgage loan repurchase agreement.1 The decision is significant because the Third Circuit affirmed the Bankruptcy Court’s decision that the post-acceleration market value of the mortgage loans was not a relevant m

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons, Debtor, Statutory interpretation, Mortgage loan, Default (finance), Market value, Valuation (finance), Discounted cash flow, Title 11 of the US Code, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Aimee M. Cummo , Hugh M. McDonald
    Location:
    USA
    Firm:
    Dentons
    Supreme Court rules to limit scope of transfer tax exemption in bankruptcy sales
    2008-06-19

    On May 16, 2008, the United States Supreme Court decided Florida Department of Revenue v. Piccadilly Cafeterias, Inc. and ruled that debtors who sell property during the course of a Chapter 11 case prior to the confirmation of a plan cannot use Section 1146(a) of the Bankruptcy Code to exempt those sales from applicable state transfer and stamp taxes.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dentons, Tax exemption, Bankruptcy, Debtor, Unsecured debt, Statute of limitations, Stamp duty, Title 11 of the US Code, US Congress, SCOTUS, United States bankruptcy court, Eleventh Circuit
    Location:
    USA
    Firm:
    Dentons
    Choice of Venue and Maritime Lien Claims
    2016-12-06

    Preferred maritime liens can raise challenging issues during maritime disputes—especially during bankruptcy. Creditors may encounter problems when filing for seizure due to their unique nature, with venue is becoming a determining factor.

    Filed under:
    China, Global, USA, Insolvency & Restructuring, Litigation, Shipping & Transport, Dentons
    Location:
    China, Global, USA
    Firm:
    Dentons

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