News & Analysis as of

Insolvency Unsecured Debt

Latham & Watkins LLP

Lexology In-Depth - Acquisition And Leveraged Finance

Latham & Watkins LLP on

It was a muted start to the year for the acquisition and leveraged finance market due to a challenging macroeconomic climate. Interest rate hikes at one of the fastest paces on record, surging inflation (particularly in...more

ArentFox Schiff

Avoiding Collateral Damage: Lessons of Lehman [Part II]

ArentFox Schiff on

In light of the banking failures of Silicon Valley Bank, Signature Bank and First Republic (as well as Credit Suisse), this summer, the Federal Reserve and the FDIC proposed guidance and rules for larger banks to (i) develop...more

Patterson Belknap Webb & Tyler LLP

A Primer on Avoidance Actions in the Context of Crypto Bankruptcies

In 2022, there were several high-profile crypto bankruptcy filings.  A big question in these cases is whether there will be any money to satisfy unsecured creditor claims.  If there are funds to distribute, then the...more

Troutman Pepper

New Consumer Bankruptcy Reform Act Implications and the 2023 Congressional Outlook - The Consumer Finance Podcast

Troutman Pepper on

Please join Consumer Financial Services Partner Chris Willis and his colleagues Deborah Kovsky and Tom Tilton as they discuss new pending legislation — the Consumer Bankruptcy Reform Act — as well as the general, overall...more

King & Spalding

Financing During Saudi Financial Restructuring Proceedings

King & Spalding on

An otherwise viable business experiencing a cash flow crisis may seek relief under Chapter Four of the Kingdom of Saudi Arabia (“KSA”) Bankruptcy Law (“Bankruptcy Law”), a flexible statute that helps facilitate the financial...more

Kerr Russell

Politics And Insolvency: The Saga Of Delphi Retirees

Kerr Russell on

In every insolvency or bankruptcy proceeding, there are winners and losers. Senior secured creditors are often paid in full while general unsecured creditors receive pennies on the dollar. Typically, who gets paid and who...more

Dorsey & Whitney LLP

UK Supreme Court Gives Landmark Ruling on Reflective Loss

Dorsey & Whitney LLP on

The Supreme Court Judgment in Sevilleja v Marex Financial Ltd [2020] UKSC 31, handed down on 15 July 2020, clarifies and substantially confines the scope of the doctrine of reflective loss. The Court, in a majority...more

Latham & Watkins LLP

UK Supreme Court Narrows Scope of “Reflective Loss” Principle

Latham & Watkins LLP on

The decision overturns a series of cases deemed to have over-expanded a principle preventing shareholders from claiming against third parties for falls in a company’s value. On 15 July 2020, the UK Supreme Court...more

Bennett Jones LLP

Not Just Linear Property Tax Priorities: Alberta Court of Appeal on Abuse of Process and Mootness

Bennett Jones LLP on

In a recent Bennett Jones Update—Property Tax Priorities in Alberta Insolvency Proceedings: Current Uncertainty—we discussed three recent decisions of the Court of Queen's Bench of Alberta that had addressed the question of...more

Dechert LLP

Focus on Restructuring Processes: CVAs and Liquidation in the context of Carillion

Dechert LLP on

In recent months certain restructuring processes have gained quite some notoriety in press headlines in connection with a number of UK businesses. This article provides secured lenders with a brief recap on the key points to...more

A&O Shearman

EU Finalizes Changes to Ranking of Unsecured Debt Instruments in Insolvency Hierarchy

A&O Shearman on

An EU Directive amending the Bank Recovery and Resolution Directive has been published in the Official Journal of the European Union. The amending Directive amends the ranking of unsecured debt instruments in the insolvency...more

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