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Mallinckrodt Trust Asserts Novel Argument in Response to Safe Harbor Defense...
A common defense to a fraudulent transfer claim in bankruptcy concerning a securities transaction is the “safe harbor” defense under section 546(e) of the Bankruptcy Code. In a unique twist, a...
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The Restructuring Outlook in Australia, Asia Pacific and the US in 2024
In our latest insight we look back at the key restructuring cases and events from last year in the United States, Asia-Pacific, and Australia and consider the outlook in 2024 for restructuring...
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Additional Caution Required for Insolvency Practitioners Relying on Companies...
Over the past week, reports have emerged about filings that have been made at Companies House marking a charge as satisfied, without the company’s or relevant lender’s knowledge. There were rumours...
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Members Voluntary Liquidations (MVL) – Update
In recent months, there have been a few changes regarding MVLs which we have set out in this insight as a helpful reminder to practitioners. Our insight considers the changes to filing statements of...
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Quick Guide to Administration (UK)
For those unfamilar with the various insolvency processes it is not always easy to differentiate between them. In our latest insight we have produced a quick guide to administration that explains the...
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Update for Insolvency Practitioners on UK Companies House Filings
Following our previous alert, in which we highlighted an issue with entries relating to registered security maintained at Companies House being incorrectly updated to indicate that they had in fact...
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Texas Bankruptcy Court Declines to Deem Nonvotes as Votes in Favor of Plan (US)
As seen in the recent proliferation of bankruptcy cases seeking a structured dismissal or conversion after a successful sale, debtors constantly seek creative and efficient ways to wind up a case,...
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New York’s Renewed Efforts to Pass Sovereign Debt Legislation (US)
As discussed in our prior blog entitled “New York’s Sovereign Debt Restructuring Proposals,”[1] three bills were introduced in the New York state legislature to overhaul the way sovereign debt...
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UK Litigation Funding post PACAR – Tying up Loose Ends
Last year we discussed the impact of funding insolvency litigation following the Supreme Court decision in PACAR where the court found that litigation funding agreements (LFAs) were damaged based...
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Subchapter V Debt Limit: Don’t Get Caught Assuming Congress Will Act (It...
In my most recent blog post, I provided some tips for creditors who find themselves in the Subchapter V arena. This is somewhat of a follow-up to that one. There is a general consensus that Subchapter...
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