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    Bankruptcy court finds some repo participants are not SIPA “customers”
    2013-06-28

    On June 25, 2013, the Bankruptcy Court for the Southern District of New York (the “Court”) issued a memorandum decision in the Lehman Brothers SIPA proceeding1 holding that claims asserted by certain repurchase agreement (“repo”) counterparties (the “Representative Claimants”) did not qualify for treatment as customer claims under SIPA.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Unsecured debt, Security (finance), Broker-dealer, Lehman Brothers, Securities Investor Protection Corporation, United States bankruptcy court
    Authors:
    Willa Bruckner , John W. Weiss , Aimee M. Cummo , David A. Wender , Karen Gelernt , Jonathan T. Edwards
    Location:
    USA
    Firm:
    Alston & Bird LLP
    The Second Circuit interprets the Bankruptcy Code’s safe harbor provisions more broadly than the Bankruptcy Court
    2011-07-27

    The Second Circuit Court of Appeals has now weighed in on the Bankruptcy Code’s safe harbor provisions. In Enron Creditors Recovery Corp. v. Alfa, S.A.B. de C.V., Docket Nos. 09–5122, 09–5142, 2011 WL 2536101 (2d Cir. June 28, 2011), the Second Circuit Court of Appeals faced an issue of first impression—whether Section 546(e) of the Bankruptcy Code, which shields certain payments from avoidance actions in bankruptcy, extends to an issuer’s payment to redeem its commercial paper made before maturity.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Unsecured debt, Security (finance), Fraud, Safe harbor (law), Discovery, Debt, Maturity (finance), Broker-dealer, Market value, Accrued interest, Commercial paper, Enron, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Alston & Bird LLP
    FDIC proposes orderly liquidation rules
    2010-10-13

    Earlier today, the FDIC announced that the FDIC Board of Directors voted on Friday, October 8, 2010 to approve the issuance of a notice of proposed rulemaking (NPR) regarding the treatment of certain creditor claims under the FDIC’s new orderly liquidation authority established under Title II of the

    Filed under:
    USA, Banking, Insolvency & Restructuring, Alston & Bird LLP, Bond market, Letter of credit, Unsecured debt, Collateral (finance), Board of directors, Market liquidity, Liquidation, Holding company, Subsidiary, Subordinated debt, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), US Federal Government, Federal Deposit Insurance Corporation (USA)
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Northern Rock restructuring to take effect January 1
    2009-12-08

    Today, the U.K. Treasury and Northern Rock plc separatelyannounced that the restructuring of Northern Rock will take place on January 1, 2010 (Transfer Date).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Retail, Debtor, Unsecured debt, Interest, Asset management, Swap (finance), Mortgage loan, Public limited company, Subordinated debt, European Commission, HM Treasury (UK), FSA
    Authors:
    Darren Cooper
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    U.S. Bankruptcy Court approves GM’s Section 363 asset sale
    2009-07-06

    Late last night, after presiding over a three-day hearing on the matter last week, U.S. Bankruptcy Judge Robert Gerber of the U.S. Bankruptcy Court for the Southern District of New York issued an order authorizing the sale of substantially all of the assets of General Motors Corporation (“Old GM”) under Section 363 of the Bankruptcy Code (“Section 363 Sale”).

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bond (finance), Bankruptcy, Debtor, Unsecured debt, Limited liability company, Liability (financial accounting), Liquidation, Warranty, Subsidiary, Title 11 of the US Code, US Department of the Treasury, United Automobile Workers, General Motors, United States bankruptcy court
    Authors:
    Anjali Desai
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Rescuing Dead Horses: what can the UK and South Africa learn from each other by comparing the Business Rescue regime with Administration procedures
    2017-10-31

    Dead Horses

    When is a dead horse really a dead horse? Given that ‘insolvency’ opens the door to various procedures for creditors and others, it should (in theory) be fairly easy to define. In practice, however, it is not.

    Filed under:
    South Africa, United Kingdom, Insolvency & Restructuring, Hogan Lovells, Unsecured debt, Companies Act, Insolvency Act 1986 (UK)
    Location:
    South Africa, United Kingdom
    Firm:
    Hogan Lovells
    Update - Boart Longyear schemes of arrangement approved
    2017-09-25

    In our previous blog post, we examined the decision of the New South Wales Court of Appeal to uphold the composition of classes of creditors in the Boart Longyear restructuring by way of scheme of arrangement.

    Filed under:
    Australia, New South Wales, Insolvency & Restructuring, Litigation, Hogan Lovells, Shareholder, Unsecured debt, Debt, Secured creditor, Unsecured creditor, Court of Appeal of England & Wales
    Authors:
    Scott Harris , James Hewer
    Location:
    Australia
    Firm:
    Hogan Lovells
    Pre-pack administration; pre-appointment expenses
    2010-07-05

    Re Johnson Machine and Tool Co 6

    The company was the subject of a “pre-pack” administration, whereby it was placed into administration and its assets immediately transferred to a new company controlled by the directors and owners of the existing company.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Costs in English law, Unsecured debt, Debt
    Authors:
    Paul Tonkin
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Supplier's rights under S. 81.1 of the Bankruptcy and Insolvency Act expanded
    2009-04-29

    Section 81.1 of the Bankruptcy and Insolvency Act (“BIA”) grants a temporary super priority to suppliers who provided goods to a bankrupt purchaser or where a receiver has been appointed in relation to the purchaser. The section requires the supplier to provide a written demand to the purchaser and allows the supplier to repossess the goods within thirty days of the date of the delivery of goods.

    Filed under:
    Canada, Insolvency & Restructuring, Dentons, Bankruptcy, Debtor, Unsecured debt, Secured creditor, Unsecured creditor, Bankruptcy and Insolvency Act 1985 (Canada), Goldman Sachs
    Authors:
    David LeGeyt , David W. Mann
    Location:
    Canada
    Firm:
    Dentons
    Approval of cross border DIP financing facilities
    2009-02-27

    In Re Intertan Canada Ltd. (2009), WL 181688 (Ont. S.C.J. [Commercial]), 2009 CarswellOnt 324 [Re Intertan], Morawetz J denied the approval of an amended DIP financing agreement under CCAA proceedings which was granted under the Chapter 11 proceedings in the United States.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Retail, Unsecured debt, Default (finance), Subsidiary, Constitutional amendment, Companies' Creditors Arrangement Act 1933 (Canada)
    Location:
    Canada
    Firm:
    Dentons

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