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HTMLEdgeworth: Commercial Reasonableness in Receivership Proceedings
Seema Aggarwal, Jane Dietrich, Shayne Kukulowicz; Cassels Brock & Blackwell LLP;
Legal Alert/Article
September 24, 2014, previously published on September 17, 2014
Recently, the Ontario Superior Court of Justice released a decision regarding amending a receivership order and re-allocating the proceeds of sale in a receivership proceeding (Romspen v Edgeworth, 2014 ONSC 4340). The effect of the decision is to confirm that, notwithstanding any final orders made...


HTMLGerman Federal Court of Justice Clarifies "Opt-in" Rules Under the German Bonds Act
Olaf Benning, Volker Kammel, Ulf Kreppel, Claudia Leyendecker, Karsten Müller-Eising; Jones Day;
Legal Alert/Article
September 24, 2014, previously published on September 2014
On September 15, 2014, the German Federal Court of Justice (Bundesgerichtshof) published a landmark decision clarifying that holders of bonds issued prior to August 5, 2009, under the old German Bonds Act of 1899 may opt in to, and take advantage of the benefits of, the provisions of the new German...


HTMLAnother Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents
Eric R. Blythe, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
September 23, 2014, previously published on September 15, 2014
In a recent bench decision in In re MPM Silicones, LLC et al., Case No. 14-22503-RDD (Bankr. S.D.N.Y. August 26, 2014), the Bankruptcy Court considered bondholders’ right to recover make-whole premiums (premiums paid for early repayment of debt) upon the payment of accelerated debt following...


HTMLGenco Shipping: Valuation Lessons Learned From "Underwater” Equity
Michael S. Fox, Adam H. Friedman, Jordanna L. Nadritch; Olshan Frome Wolosky LLP;
Legal Alert/Article
September 23, 2014, previously published on September 11, 2014
Valuation is a balance of art and science. In the bankruptcy context, valuation determines which constituents are entitled to a recovery and which are not, making it a centerpiece of the restructuring process. In In re Genco Shipping & Trading, Ltd. the federal bankruptcy court in New York...


Adobe PDFGerman Insolvency Law - Overview of Insolvency Challenge Rights
Katharina Heßel, Malte Richter, Marco Wilhelm; Mayer Brown LLP;
White Paper
September 12, 2014, previously published on September 10, 2014
The most important principle of the German insolvency law is the equal treatment of the creditors of the insolvency debtor. To satisfy their claims, the creditors are entitled to the debtor’s insolvency estate. The insolvency estate consists of the entire assets of the debtor which belong to...


HTMLKnow The Law: Know Your Rights When Dealing With Debt Collectors
Andrew R. Hamilton; McLane, Graf, Raulerson & Middleton Professional Association;
Legal Alert/Article
September 10, 2014, previously published on September 2014
Q: I received a voicemail yesterday from someone who said he was calling from a debt collection agency. I don’t believe that I am behind on any debt, what should I do?


HTMLDiscussed with Examiners: Common Issues in Examinations
Randall L. Harbour; Foster, Swift, Collins & Smith, P.C.;
Legal Alert/Article
September 1, 2014, previously published on August 26, 2014
I recently had the opportunity to lead a discussion of prudential regulators and examiners at a meeting of the Banking Law Committee of the American Bar Association. Our topic was identifying the more frequent issues and problems they are seeing in their examinations of smaller financial...


HTMLNon-Dischargeable Tax Debt Not Special Class of Unsecured Creditors
Scott St. Amand, J. Ellsworth Summers; Rogers Towers, P.A.;
Legal Alert/Article
August 28, 2014, previously published on August 26, 2014
In numerous previous posts, we have noted that the purpose of the Bankruptcy Code is to help the “honest but unfortunate debtor.” Like gerrymandering, certain “creative” debtors have attempted to classify their non-dischargeable debt as a separate, special class of unsecured...


HTMLPREPA Bondholders Seek Summary Judgment Invalidating Puerto Rico’s Public Corporation Bankruptcy Legislation
William W. Kannel, Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
August 22, 2014, previously published on August 12, 2014
On August 11, Franklin Funds and Oppenheimer Rochester Funds filed a second amended complaint, opposition to motion to dismiss and cross-motion for summary judgment in the litigation they previously filed in the United States District Court for Puerto Rico challenging the constitutionality and...


HTMLBankruptcy Court Lacks Subject Matter Jurisdiction to Determine Tax Refund Claim Requested by Post-Confirmation Liquidating Trustee
Scott M. Grossman; Greenberg Traurig, LLP;
Legal Alert/Article
August 21, 2014, previously published on August 18, 2014
A bankruptcy court lacks subject matter jurisdiction to determine a tax refund claim under Section 505(a)(2)(B) of the Bankruptcy Code where the refund was requested by a liquidating trustee appointed pursuant to a plan, as opposed to a pre-confirmation bankruptcy trustee or debtor-in-possession,...


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