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Searching Content indexed under Insolvency/Bankruptcy by Jones Day ordered by Published Date Descending.
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1
Reforms To German Insolvency Code Avoidance Action Provisions
Finally, section 143 of the Insolvency Code was amended to provide that interest accrues on a monetary avoidance judgment only after
Germany
13 Apr 2017
2
Amendments To German Insolvency Law Provide Clarity On Status Of Netting Agreements
The decision left open whether a contractually agreed-upon early termination right violates section 104.
Germany
13 Apr 2017
3
New EU Regulation On Cross-Border Preservation Of Accounts Potentially Useful Tool To Secure Assets In EU Member States
January 18, 2017, was the effective date of EU Regulation No 655/2014 of May 15, 2014
European Union
13 Apr 2017
4
In Brief: Delaware Bankruptcy Court Rules That Bond Indenture Fee Defense Provision Satisfies ASARCO Standard
The Nortel court also partially sustained the objection of two investment funds holding 90 percent of the bonds to a portion of the professional fees asserted by the indenture trustee's attorneys.
United States
13 Apr 2017
5
United States
11 Apr 2017
6
New York's Restrictive Interpretation Of Common Interest Doctrine Unlikely To Have Significant Impact In Bankruptcy
The first element requires that the communication be made between separate parties in the course of a matter of common interest.
United States
28 Sep 2016
7
Sun Capital 一案更新:美国区域法院就在私募股权基金上加退休金责任一决定双
Amendments to the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001 et seq., in 1980 made "trade[s] or business[es]" that are under "common control"—which has since been defined by regulation to mean 80 percent common ownership—jointly and severally liable for each other's withdrawal liability under a multi-employer pension plan.
United States
2 Aug 2016
8
Sun Capital Update: District Court Doubles Down On Imposition Of Pension Liability For Private Equity Funds
In 2007, two private equity funds of Sun Capital Advisors, Inc.—Sun Capital III and Sun Capital IV (collectively, the "Sun Capital funds")—acquired 30 percent and 70 percent stakes, respectively, in Scott Brass, Inc...
United States
1 Jun 2016
9
Southern District Of New York Bankruptcy Court Rules That Avoidance Powers Apply Extraterritorially
In Lyondell, bankruptcy judge Robert E. Gerber refused to dismiss a claim seeking avoidance of a fraudulent transfer under section 548 of the Bankruptcy Code on the ground that the challenged transfer occurred outside the U.S.
United States
31 Mar 2016
10
Foreign Debtor With U.S. Dollar-Denominated Debt Eligible For Chapter 15
In December 2013, the U.S. Court of Appeals for the Second Circuit held as a matter of first impression in Drawbridge Special Opportunities Fund LP v. Barnet (In re Barnet), that section 109(a) of the Bankruptcy Code, which requires a debtor "under this title" to have a domicile, a place of business, or property in the U.S., applies in cases under chapter 15 of the Bankruptcy Code.
United States
26 Feb 2016
11
Of Interest: Bankruptcy Court Has Equitable Power To Award Postpetition Interest To Unsecured Creditors Under Cramdown Chapter 11 Plan
In In re Energy Future Holdings Corp., the bankruptcy court ruled that, although a chapter 11 plan proposed by solvent debtors need not provide for the payment of postpetition interest on unsecured claims to render the claims unimpaired, the plan must provide that the court has the discretion to award such interest at an appropriate rate "under equitable principles."
United States
26 Feb 2016
12
Australia Announces Bankruptcy Changes—Moves Toward US Position
Although most western legal systems have recognised for some decades the public benefit in rehabilitating failed enterprises, some countries do it better than others.
Australia
15 Dec 2015
13
Spanish Parliament Passes Bill Amending Insolvency Act and Public Sector Contracts Act
On October 1, 2015, the Public Sector Legal Regime Act (Ley 40/2015, 1 de octubre, de Régimen Jurídico del Sector Público) ("PSLR Act") was passed by the Spanish Parliament.
Spain
5 Oct 2015
14
Trademark Licensees Beware: The Hypothetical Test Lives On In The Third Circuit
Trademark licensees that file for bankruptcy protection face uncertainty concerning their ability to continue using trademarks that are crucial to their businesses.
United States
29 May 2015
15
Clarification On Calculation Of Payment Under The Protection Of Wages On Insolvency Ordinance
The Protection of Wages on Insolvency Fund (the "Fund") was established in 1985 to provide timely relief in the form of an ex gratia payment to eligible employees affected by the insolvency of their employers.
Hong Kong
28 May 2015
16
Second Circuit Rules That Foreign Debtor’s Insolvency Proceeding May Not Be Recognized Under Chapter 15 Unless Debtor Has Place Of Business Or Property In The U.S.
The U.S. Court of Appeals for the Second Circuit recently held in Drawbridge Special Opportunities Fund LP v. Barnet, 2013 BL 341634, that section 109(a) of the Bankruptcy Code, which requires a debtor "under this title" to have a domicile, a place of business, or property in the U.S., applies in cases under chapter 15 of the Bankruptcy Code.
United States
13 Feb 2014
17
Second Circuit Rules That Foreign Debtor's Insolvency Proceeding May Not Be Recognized Under Chapter 15 Unless Debtor Has Place Of Business Or Property In The U.S.
The U.S. Court of Appeals for the Second Circuit recently held in Drawbridge Special Opportunities Fund LP v. Barnet, 2013 BL 341634, that section 109(a) of the Bankruptcy Code, which requires a debtor "under this title" to have a domicile, a place of business, or property in the U.S., applies in cases under chapter 15 of the Bankruptcy Code.
United States
10 Feb 2014
18
The First Circuit Fires A Shot Across The Bow Of Private Equity Funds: Too Much Control Of Portfolio Companies May Lead To Pension Plan Withdrawal Liability
Few areas of law are as confusing—or as important to understand—as the growing intersection of employment and bankruptcy law.
United States
28 Nov 2013
19
Smack-Down Of A Straitjacket
Postconfirmation liquidation and litigation trusts have become an important mechanism in a chapter 11 bankruptcy estate's arsenal, allowing for the resolution of claims and interests without needlessly delaying confirmation in the interim.
United States
14 Nov 2011
20
Distressed M&A: Swap of Debt for Equity in an Insolvent Company to Be Simplified by a New Law on the Facilitation of the Reorganization of Enterprises
As part of an intended comprehensive amendment of German insolvency law, the German Federal Ministry of Justice has prepared a draft of a new law to facilitate the reorganization of enterprises ("Reorganization Facilitation Act").
Germany
29 Nov 2010
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