News & Analysis as of

Payment Bonds Commercial Bankruptcy

Society of Corporate Compliance and Ethics...

Kentucky companies refuse to comply with wage law

CEP Magazine (November 2019) - A statute on the books in Kentucky requires companies to post a bond for wages due from an employer, as protection against bankruptcy. Following the collapse of Kentucky coal company...more

King & Spalding

KSA Bankruptcy Law (the Law) - Advance Payment Bonds

King & Spalding on

Party A (contractor) entered into a construction contract (the EPC Contract) with Party B (employer). Party B made an advance payment under the EPC Contract and Party A procured an Advance Payment Bond (the Bond) from a...more

Troutman Pepper

Coming Down the Pipeline: Mitigating the Payment Risk in Oil and Gas Construction Through Lien Claims

Troutman Pepper on

Since 2015, the oil and gas market has experienced significant distress. Recent reports have tracked at least 114 North American oil and gas producers and 16 midstream companies that have filed for bankruptcy since the...more

Shumaker, Loop & Kendrick, LLP

Reducing a Customer's Accounts Receivable in the Zone of Insolvency

Reuters, Bloomberg and Debtwire are all reporting negative financial information about your customer: "Bond ratings are down-graded, bond prices are falling, a likely “restructuring” to address the bond debt,...more

Mintz

Another Court Rules That Availability of Make-Whole Premiums in Bankruptcy Depends on Governing Documents

Mintz on

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...more

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