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    Which issues affecting the insolvencies of failed energy companies has the court clarified?
    2022-11-16

    On 11th November 2022, Mr Justice Zacaroli handed down judgment on an application for directions made by the officeholders of ten different energy supply companies (“ESC” or “ESCs”) seeking clarification on issues arising in the insolvencies of the ESCs which had not previously been the subject of judicial consideration.

    In terms of quantum, the issues were valued at in excess of a hundred million pounds across the ten insolvencies and potentially many more millions of pounds on other ESC insolvencies not before the court.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Unjust enrichment
    Authors:
    Devinder Singh
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Beware of the constructive trust
    2015-03-24

    The existence of trusts that may be connected to a borrower’s assets can be a lending hazard. They do not appear on PPSA search print-outs and, in many cases, they are not shown on a borrower’s financial statements and cannot be searched through traditional due diligence methods.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Gowling WLG, Debtor, Unjust enrichment, Unsecured creditor, Constructive trust
    Authors:
    Richard C. Dusome
    Location:
    Canada
    Firm:
    Gowling WLG
    Hog feed suppliers assert priority over producer's secured creditors -- developing law in Manitoba
    2014-02-11

    The Manitoba Court of Appeal will consider an interesting insolvency case involving hog feed suppliers who claim of priority for the cost of feed over Farm Credit Canada and Bank of Montreal, the hog producer’s secured creditors. 

    In general, the Court found Suppliers may have an unjust enrichment claim arising from an alleged fraud on the part of producer, who allegedly ordered feed while preparing for the Companies Creditors Arrangement Act (“CCAA”) application with no intention of paying for the feed.

    Filed under:
    Canada, Manitoba, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Unjust enrichment
    Authors:
    Jennifer Spencer , Brian P. Kaliel
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    The priority of the operator’s lien
    2009-01-30

    In Brookfield Bridge Lending Fund Inc. v.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Dentons, Debtor, Interest, Unjust enrichment, Constructive trust, Court of equity
    Location:
    Canada
    Firm:
    Dentons
    Liquidators attempt to claw back investors' recoveries from insolvent funds
    2018-01-15

    A recent decision of the Privy Council dismissing the claim of liquidators of an insolvent hedge fund to claw back redemption payments made to an investor leaves lingering uncertainties for investors generally.

    Claw backs post 2008 crisis

    Filed under:
    Cayman Islands, United Kingdom, Insolvency & Restructuring, Litigation, Addleshaw Goddard LLP, Unjust enrichment, Liquidator (law)
    Authors:
    Duncan Henderson
    Location:
    Cayman Islands, United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Subordination clear? German Federal Court of Justice clarifies the scope and limits of subordination agreements
    2015-10-15

    The Federal Court of Justice (Bundesgerichtshof – BGH) on 5 March 2015 issued a decision (case no. IX ZR 133/14, available here) that is of immense relevance for all creditors and debtors that face the need of a subordination agreement (Rangrücktrittvereinbarung) under German law.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, DLA Piper, Debtor, Liability (financial accounting), Unjust enrichment
    Authors:
    Marei Hellmig , Mareike Schwedler
    Location:
    Germany
    Firm:
    DLA Piper
    Personal liability of a “weak” provisional insolvency administrator for an escrow account established for enforcement purposes
    2015-12-11

    In a judgment dated 26 / 03 / 2015, ref. no. IX ZR 302 / 13, the Federal Court of Justice (BGH) held that a provisional insolvency administrator is personally liable for monies paid into the escrow account in the event of claims of unjust enrichment being made due to the payments having no proper basis in law.

    The ruling related to the following situation:

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, CMS Germany, Unjust enrichment
    Authors:
    Dr. Alexandra Schluck-Amend , Anna Schwarzer
    Location:
    Germany
    Firm:
    CMS Germany
    Appeal of UK case on effect of events of default on netting and payment obligations dismissed on consent
    2010-11-05

    If you were waiting to hear what the English Court of Appeal had to say about the lower court decision in Marine Trade S.A. v. Pioneer Freight Futures Co. Ltd. you’ll be disappointed, as the appeal was dismissed by consent of the parties on October 22, 2010.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shipping & Transport, Stikeman Elliott LLP, Bankruptcy, Debt, Unjust enrichment, Common law, Default (finance), Contract for difference, International Swaps and Derivatives Association, Insolvency Act 1986 (UK), Court of Appeal of England & Wales, High Court of Justice (England & Wales)
    Location:
    United Kingdom
    Firm:
    Stikeman Elliott LLP
    U.S. Court Not Bound by Korean Law Conferring Exclusive Jurisdiction in Shareholder’s Derivative Actions
    2019-01-03

    Shareholder of a Korean corporation (“Cuzco Korea”), the sole member of a chapter 11 limited liability company debtor (“Cuzco USA” or the “Debtor”), brought an adversary proceeding against the Debtor and others, asserting claims directly, derivatively on behalf of Cuzco Korea and “double derivatively” on behalf of the Debtor. On the defendants’ motion to dismiss, the bankruptcy court for the district of Hawaii was required to consider the impact of Korean law on the derivative claims as well as notions of forum non conveniens.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Dechert LLP, Limited liability company, Unjust enrichment, Constructive trust, United States bankruptcy court
    Location:
    USA
    Firm:
    Dechert LLP
    In Case of Fire, File a Claim
    2018-10-10

    In a recent decision enforcing the discharge injunction under Section 1107(d)(1)(A) of the Bankruptcy Code, the Bankruptcy Court for the Western District of Pennsylvania blocked a creditor from asserting a claim against the debtor after confirmation of the plan. The case of In re Trustees of Conneaut Lake Park, Inc.), No. 14-11277, 2018 Bankr. LEXIS 1447 (JAD) (Bankr. W.D. Pa.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Debtor, Unjust enrichment
    Authors:
    Gary Holtzer
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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