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    Update on the Dutch scheme of arrangement
    2017-09-11

    On 5 September 2017, the Dutch legislator published an amended bill on pre-insolvency proceedings in the Netherlands1 for consultation purposes.2 The Bill contains a proposal for an amendment to the Dutch Bankruptcy Act (Faillissementswet) which enables a company in financial difficulties to propose a composition outside insolvency proceedings to its creditors and shareholders, to restructure problematic debts.

    Filed under:
    USA, Insolvency & Restructuring, Loyens & Loeff, European Commission
    Authors:
    Vincent Vroom , Hendrik van Druten
    Location:
    USA
    Firm:
    Loyens & Loeff
    Seventh Circuit Denies Trustee a Second Bite at the Avoidance Apple
    2017-09-11

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Kramer Levin Naftalis & Frankel LLP, Seventh Circuit
    Authors:
    Alana Katz
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Filing for Bankruptcy: What Could Happen?
    2017-09-11

    Some think that when you file for bankruptcy, you sell your proverbial soul to the devil.

    While this view isn’t necessarily true, it does imply that bankruptcy is not an easy choice. It could mean short term relief, but it could also affect your self-image, reputation, and even future credit negatively. The experts at Allstate Law Center add that before making this choice, you should consider all factors and options.

    Filed under:
    USA, Banking, Insolvency & Restructuring, BakerHostetler
    Location:
    USA
    Firm:
    BakerHostetler
    8th Cir. Holds Deficiency Claim Time Barred Despite Intervening Bankruptcy
    2017-09-05

    The U.S. Court of Appeal for the Eighth Circuit recently affirmed a bankruptcy court’s rejection of a proof of claim filed by a creditor where the claim was based upon a debt which was time barred by the creditor’s failure to comply with the applicable state law deadline for pursuing a deficiency judgment following a non-judicial foreclosure. 

    A copy of the opinion is available at: Link to Opinion.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Maurice Wutscher LLP, Bankruptcy, US Code, Eighth Circuit
    Location:
    USA
    Firm:
    Maurice Wutscher LLP
    Courts, Cooperation, and More: Incorporating Case-Specific Provisions in Insolvency Protocols
    2017-09-05

    In Short

    The Situation: In cross-border restructuring cases, court-approved insolvency protocols are applied to facilitate communication between U.S. and foreign courts and standardize certain common procedures. The protocols are sometimes adapted to address case-specific issues.

    The Result: Case-specific provisions tend to address information-sharing guidelines, claims reconciliation, the management of assets, and dispute resolution.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Dispute resolution, US District Court for the Southern District of New York
    Authors:
    Kevyn D. Orr , Dan T. Moss
    Location:
    USA
    Firm:
    Jones Day
    Can Same-Sex Couples Own Real Property as Tenants by the Entirety in Michigan?
    2017-09-06

    Two years have passed since the United States Supreme Court passed down a 5-4 decision in Obergefell v. Hodges which held that same-sex couples have a fundamental right to marry under both the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

    Filed under:
    USA, Michigan, Insolvency & Restructuring, Litigation, Real Estate, Foster Swift Collins & Smith PC, Obergefell v. Hodges, Supreme Court of the United States
    Authors:
    Steven L. Owen
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Supreme Court to Address Circuit Split Regarding Debt Re-Characterization Claims
    2017-09-06

    On June 26, 2017, the Supreme Court granted certiorari in PEM Entities v. Levin to decide whether bankruptcy courts should apply a federal multi-factor test or an underlying state law when deciding whether to re-characterize a debt claim as equity. The Court’s decision to grant cert in this case should resolve a circuit split and clarify the law as it relates to re-characterizing corporate debt as equity.

    Filed under:
    USA, Insolvency & Restructuring, Foster Swift Collins & Smith PC, Bankruptcy, Debt, United States bankruptcy court
    Authors:
    Thomas K. Dillon , Steven L. Owen , Patricia J. Scott , Laura J. Genovich , Scott A. Chernich
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    The CFPB thinks it has it tough now
    2017-09-06

    The chorus is getting louder from the stakeholders in the consumer finance and housing industries for legislative, executive or judicial re-structuring of the CFPB, so the CFPB probably thinks it has it pretty tough right now.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Securitization & Structured Finance, Sirote & Permutt PC, Mortgage loan, Mortgage-backed security, US Department of Commerce, Consumer Financial Protection Bureau (USA)
    Authors:
    Stephen Collins
    Location:
    USA
    Firm:
    Sirote & Permutt PC
    New Delaware Chapter 11 Filing-Model Reorg Acquisition, LLC
    2017-08-28

    Model Reorg Acquisition, LLC, along with eighteen of its subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 17-11794).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, United States bankruptcy court, US District Court for District of Delaware
    Authors:
    Norman L. Pernick , Nicholas J. Brannick
    Location:
    USA
    Firm:
    Cole Schotz PC
    Big Changes for Illinois Unclaimed Property Law - Holders Beware!
    2017-08-28

    Holders of unclaimed property should take note that Illinois’ state budget bill, SB 9, enacted July 7, 2017, includes significant changes to Illinois’ unclaimed property law. Just days before it was enacted, the Illinois General Assembly amended SB 9 to include a modified version of the Uniform Law Commission’s 2016 Revised Uniform Unclaimed Property Act. Illinois’ new unclaimed property law will become effective January 1, 2018 and will repeal the state’s current unclaimed property law, the Uniform Disposition of Unclaimed Property Act.

    Filed under:
    USA, Illinois, Company & Commercial, Insolvency & Restructuring, Baker McKenzie, Illinois General Assembly
    Authors:
    Matthew S. Mock , Laura Grace Mezher
    Location:
    USA
    Firm:
    Baker McKenzie

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