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    Refund guarantee doesn’t extend to the insolvency of the builder
    2011-02-16

    Rainy Sky SA et al v Kookmin Bank [2010] All ER (D) 255 (May) In our Spring 2010 e-news we reported on the case of Kookmin Bank which dealt with the interpretation of a refund guarantee between Kookmin Bank (the “Bank”) and the customer of an insolvent shipyard. The Bank issued a refund guarantee to secure obligations assumed by its customer Jinse Shipbuilding (the “Builder”). The agreement required the Bank to repay on demand all of the instalments paid by the buyer, Rainy Sky, on the occurrence of a default event under the refund guarantee.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Shipping & Transport, Morton Fraser MacRoberts, Wage, Default (finance), Court of Appeal of England & Wales
    Authors:
    Beverley Wood
    Location:
    United Kingdom
    Firm:
    Morton Fraser MacRoberts
    Supreme Court clarifies law regarding preference claims for advances for the payment of wages made after the commencement of liquidations and receiverships
    2011-01-27

    In the Matter of Bell Lines Limited (In Liquidation)  

    That decision has effectively been relied on since 2006 for the proposition that, except for the Social Insurance Fund, a party advancing monies for the payment of remuneration falling due before the commencement of an insolvency process but actually paid after such commencement is not entitled to subrogate to the employees’ preferential claims.

    The Appeal

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Mason Hayes & Curran LLP, Wage, Liquidation, High Court of Justice (England & Wales)
    Authors:
    Declan Black , Maurice Phelan , Judith Riordan , Frank Flanagan
    Location:
    United Kingdom
    Firm:
    Mason Hayes & Curran LLP
    Scottish courts consider when rent will be an administration expense
    2010-08-23

    Introduction

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Litigation, Real Estate, Shepherd and Wedderburn LLP, Wage, Retail, Landlord, Liability (financial accounting), Liquidation, High Court of Justice (England & Wales)
    Authors:
    Gillian Carty
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    The Pensions Regulator appoints an independent trustee to protect a pension scheme in a proposed pre-packaged administration sale
    2009-04-30

    The Pensions Regulator (the Regulator) recently used its powers under the Pensions Act 1995 to appoint an independent trustee to the exclusion of all other trustees of the scheme. The employer was required to pay the fees and expenses relating to the appointment.

    The Regulator decided to use its powers because:

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Conflict of interest, Wage, Interest, Liability (financial accounting), The Pensions Regulator (UK), Pension Protection Fund, Pensions Act 1995 (UK), Trustee
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    No costs order against receivers
    2008-05-21

    Where a receiver of an insolvent company brings an unsuccessful claim, a personal costs order will not be made against the receiver unless there are exceptional circumstances making it just to do so.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Gowling WLG, Wage, Costs in English law, Interest, Court costs, Secured creditor, Court of Appeal of England & Wales
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Administration expenses: claims for wrongful dismissal
    2007-11-30

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Media & Entertainment, Freshfields Bruckhaus Deringer, Wage, Breach of contract, Employment contract, Wrongful dismissal, Liability (financial accounting), House of Lords, Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Taking the Stress Out of Distress for U.S. Retailers
    2017-03-31

    Despite the downturn in the retail industry, retailers should not automatically adopt a "glass half empty approach" but instead view the impending cycle as creating opportunities for companies in both the U.S. and globally. In recent months, a steady stream of analyst coverage has painted a bleak outlook for the retail industry. Between February and March 2017, BCBG Max Azria, Eastern Outfitters, hhgregg, Gander Mountain, and Gordmans were among the companies added to the long list of retailers to seek bankruptcy protection.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Wage, Retail, Liquidation, Investment funds, Leverage (finance)
    Authors:
    Andrew J. Schoulder
    Location:
    USA
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    Fraudulently Obtained Unemployment Benefits are not Dischargeable in Bankruptcy
    2016-08-26

    State unemployment benefits are paid pursuant to a system that relies on trust. Benefits are paid based on representations made by claimants that they are out of work and that they continue to seek out full-time work. If a claimant finds part-time work, then benefits are reduced accordingly.

    A recent opinion from the United States Bankruptcy Court for the Western District of Michigan (the “Court”) addresses a Chapter 7 debtor’s attempt to discharge a debt owed to the State of Michigan for overpaid unemployment benefits, and penalties and interest stemming from the overpayment.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Wage, Bankruptcy, Debtor, Fraud, Government agency, Debt, Unemployment benefits, Collateral estoppel, Bankruptcy discharge, Title 11 of the US Code, Supreme Court of the United States, United States bankruptcy court
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Employee Pay and the Bankruptcy Stay - Potential Pitfalls Part 2: Garnishment Issues
    2016-08-01

    In a prior post, we set forth the potential liability of employers for collection of debts owed by employees in violation of the bankruptcy stay. To protect themselves from such liability, employers that accrue claims against their employees in the ordinary course of business should implement written protocols designed in consultation with bankruptcy counsel.

    Filed under:
    USA, Employment & Labor, Insolvency & Restructuring, Hunton Andrews Kurth LLP, Wage, Bankruptcy, Debtor, Debt, Withholding tax, Tax deduction, California Franchise Tax Board, Ninth Circuit
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    U.S. Supreme Court to Weigh in on Structured Dismissals and Settlements Circumventing the Bankruptcy Code’s Priority Scheme
    2016-07-12

    On June 28, 2016, the U.S. Supreme Court agreed to hear a challenge to a Third Circuit-affirmed settlement and dismissal of the chapter 11 cases of Jevic Transportation, Inc. (“Jevic”) and certain of its affiliates. SeeOfficial Comm. of Unsecured Creditors v. CIT Grp./Bus. Credit Inc. (In re Jevic Holding Corp.), 787 F.3d 173 (3d Cir. 2015), cert. grantedCzyzewski v. Jevic Holding Corp., No. 15-649, 2016 WL 3496769 (U.S. 2016).

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cole Schotz PC, Wage, Bankruptcy, Unsecured debt, Class action, Federal Reporter, Leveraged buyout, Sun Capital Partners, US Code, Worker Adjustment and Retraining Notification Act 1988 (USA), Supreme Court of the United States, United States bankruptcy court, Third Circuit, US District Court for District of Delaware
    Authors:
    Jacob S. Frumkin , Adam H. Morsy
    Location:
    USA
    Firm:
    Cole Schotz PC

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