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    US bankruptcy automatic stay thwarts UK proceedings by the Pension Regulator
    2012-01-23

    On December 29, 2011, the US Court of Appeals for the Third Circuit issued an opinion in the chapter 11 bankruptcy case In re Nortel Networks, Inc., holding that the "automatic stay" on creditor collection actions outside the bankruptcy applied to prevent the UK Pension Protection Fund and the Trustee of the UK Nortel Pension Plan from participating in UK pensions proceedings initiated by the UK Pensions Regulator.

    Filed under:
    United Kingdom, USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Debtor, Pension Protection Fund, United States bankruptcy court, Third Circuit
    Authors:
    Elmer Doonan , Carole Neville , Andrew Patten , Robert E. Richards
    Location:
    United Kingdom, USA
    Firm:
    Dentons
    Superintendent’s Levy deducted from repayment of bank’s mortgage
    2009-01-30

    In Seeley (Trustee of) v. Canadian Imperial Bank of Commerce (2008), the Bankruptcy Court determined that the Superintendent’s Levy was payable on the amount paid to a secured creditor by a Trustee in bankruptcy.The bankrupt made an assignment into bankruptcy. He owned a cabin which was mortgaged to the Bank.

    The Trustee sent the Bank three notices requiring it to file proof of its security. The Bank did not respond.The cabin was sold and subsequently the Bank filed a Proof of Claim in the bankruptcy.

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Dividends, Interest, Debt, Mortgage loan, Secured creditor, Bankruptcy and Insolvency Act 1985 (Canada), United States bankruptcy court, Trustee
    Location:
    Canada
    Firm:
    Dentons
    Significant decision on municipal bankruptcy and special revenue warrants
    2012-01-13

    On January 6, 2012, Judge Thomas Bennett of the United States Bankruptcy Court for the Northern District of Alabama (the "Court") issued a 57-page opinion in the chapter 9 bankruptcy case of Jefferson County, Alabama (the "County") on several critical jurisdictionally related issues raised by the state court appointed receiver of the County's sewer system, the indenture trustee for the special revenue warrants for the sewer system (the "Indenture Trustee") and certain other joining creditors.

    Filed under:
    USA, Alabama, Insolvency & Restructuring, Litigation, Public, Dentons, Bankruptcy, United States bankruptcy court
    Authors:
    Sam J. Alberts , Robert E. Richards
    Location:
    USA
    Firm:
    Dentons
    Landamerica title subsidiaries subject to rehabilitation; availability of reinsurance uncertain
    2008-12-04

    On November 25, LandAmerica Financial Group, Inc. (“LandAmerica”) filed a Chapter 11 petition in Virginia, seeking bankruptcy protection. By separate agreement (the “Stock Purchase Agreement”), LandAmerica agreed to sell Commonwealth Land Title Insurance Company (“Commonwealth”) to Chicago Title Insurance Company (“Chicago Title”) and Lawyers Title Insurance Company (“Lawyers”) and United Capital Title Insurance Company (“United”) to Fidelity National Title Insurance Company (“Fidelity”).

    Filed under:
    USA, Virginia, Insolvency & Restructuring, Insurance, Litigation, Dentons, Bankruptcy, Debtor, Financial regulation, Liability (financial accounting), Reinsurance, Liquidation, Holding company, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    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
    LandAmerica Financial Group seeks bankruptcy protection
    2008-11-26

    Late the night of Nov. 25, LandAmerica Financial Group, Inc. and its subsidiary, LandAmerica 1031 Exchange Services, Inc., filed a Chapter 11 petition in the U.S. Bankruptcy Court for the Eastern District of Virginia ("Bankruptcy Court"), seeking bankruptcy protection for both entities. The action does not cover Commonwealth Land Title Insurance Company or Lawyers Title Insurance Company, two LandAmerica subsidiaries that are each domiciled in the State of Nebraska.

    Filed under:
    USA, Nebraska, Virginia, Insolvency & Restructuring, Insurance, Litigation, Dentons, Bankruptcy, Debtor, Security (finance), Fiduciary, Liquidation, Due diligence, Underwriting, Title insurance, Subsidiary, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia, Insurance commissioner
    Location:
    USA
    Firm:
    Dentons
    Bankruptcy Court entitled to go behind judgment
    2017-12-12

    In Ramsay Health Care Australia Pty Ltd v Compton, the High Court of Australia considered the Bankruptcy Court's discretion, under s52 of the Bankruptcy Act 1966 (Cth), to go behind a judgment to satisfy itself that a debt is truly owing before making a sequestration order against a debtor.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay, United States bankruptcy court
    Authors:
    Bridie McKinnon , Oliver Gascoigne , Matthew Triggs , Myles O'Brien , Susan Rowe , Peter Niven , David Perry , Scott Abel , Kelly Paterson , Scott Barker , Willie Palmer , Jan Etwell , David Broadmore
    Location:
    Australia
    Firm:
    Buddle Findlay
    BJ Services, LLC, et al.: Not-So-Smooth Sailing for Credit Bidders
    2020-11-03

    BJ Services, a Texas-based provider of hydraulic fracturing (i.e., “fracking”) and cementing services for upstream oil and gas companies, filed for chapter 11 protection on July 20, 2020, in the US Bankruptcy Court for the Southern District of Texas, along with three of its affiliates. Their chapter 11 filings were prompted by unsuccessful restructuring negotiations with one of their equity sponsors—CSL Capital Management—which would have provided a $75 million new money investment, including $30 million in the form of DIP financing, in exchange for the majority of the reorganized equity.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Fracking, United States bankruptcy court
    Authors:
    Kyle J. Tum Suden , Sean T. Scott , Aaron Gavant
    Location:
    USA
    Firm:
    Mayer Brown
    Lehman Bankruptcy Court addresses scope of the Bankruptcy Code's safe harbor for liquidation, termination and acceleration of swap agreements
    2014-01-09

    In Michigan State Housing Development Authority v. Lehman Brothers Derivatives Products, Inc., et al. (In re Lehman Brothers Holdings Inc., et al.) (Michigan State Housing), 1 the US Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) recently held that a provision in a swap agreement that shifted the methodology for calculating termination amounts upon the debtor counterparty’s bankruptcy was enforceable under the Bankruptcy Code’s safe harbor for liquidating, terminating and accelerating swap agreements.

    Filed under:
    USA, Michigan, Derivatives, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Swap (finance), Liquidation, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Mayer Brown
    The Thai perspective— effect of bankruptcy on arbitration
    2010-07-20

    Thailand introduced reforms to its bankruptcy laws in 1998 in the aftermath of the 1997 Asian financial crisis. Those reforms introduced business reorganisation provisions similar to the Chapter 11 provisions of the US Bankruptcy Code. Further amendments have been made to the Thai bankruptcy laws, which are now governed by the Bankruptcy Act BE 2483 (1940) as amended by the Bankruptcy Act (No. 7) BE 2547 (2004).

    Filed under:
    Thailand, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Arbitration clause, Statute of limitations, Debt, Liquidation, Balance sheet, Constitutional amendment, Title 11 of the US Code, United States bankruptcy court
    Authors:
    James Rix
    Location:
    Thailand
    Firm:
    Mayer Brown

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