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Latham & Watkins LLP

For Fear of Learning an Inconvenient Truth: Third-Party Liability in Fraudulent Trading

Latham & Watkins LLP on

Parties within a chain of transactions may face liability for dishonesty and assistance, even if they do not have actual knowledge of fraud. The recent judgment in Bilta (UK) Limited (in liquidation) & ors v. NatWest...more

Dorsey & Whitney LLP

COVID-19: UK Insolvency and Restructuring

Dorsey & Whitney LLP on

At the present time, due to the global outbreak of Covid-19 and the international response to it, many otherwise economically viable UK businesses find themselves subject to considerable financial pressure. There are a...more

Farella Braun + Martel LLP

Treatment of Commercial Leases in Tenant Bankruptcy – The Basics

As the COVID-19 pandemic continues to wreak havoc with the nation’s economy, we have started to see bankruptcy filings by well-known companies such as GNC, J. Crew, Neiman Marcus, Modell’s, 24 Hour Fitness, Gold’s Gym, and...more

Greenberg Glusker LLP

To Ship or Not to Ship: 3 FAQ’s for Creditors Seeking Guidance Before or During a Retail Bankruptcy

Greenberg Glusker LLP on

COVID-19 has impacted an already shaky retail industry and pushed some of its participants into a rapid-fire series of bankruptcy filings. Although there was already a long list of prominent retail bankruptcies over the past...more

Haug Partners LLP

Defendants Successfully Disqualify Bankrupt Wholesaler Rochester Drug Co-Operative From Representing Class of Purchasers in...

Haug Partners LLP on

On July 8, 2020, Judge Alison Burroughs granted-in-part Defendants Shire and Actavis’s motion to decertify a direct purchaser plaintiff class in an alleged reverse payment antitrust case pending in the Federal District Court...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Romania (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER ROMANIAN LAW - 1. A brief presentation of the bankruptcy/insolvency/rehabilitation proceedings of the country and their main differences. Romanian...more

Shutts & Bowen LLP

Post-Bankruptcy Issues for Commercial Landlords – The Automatic Stay in Chapter 11 Cases

Shutts & Bowen LLP on

When a Chapter 11 bankruptcy case is filed, a commercial landlord with a defaulting or even a non-defaulting tenant may ask – now what? In this post we will address the automatic stay and its injunction against certain...more

Dentons

Insolvency practitioner licensing to commence on 1 September 2020

Dentons on

After postponing the licensing of insolvency practitioners due to COVID-19, the licensing regime and the remaining provisions of the Insolvency Practitioners Regulation Act 2019 (IPRA) will now commence on 1 September 2020....more

Patterson Belknap Webb & Tyler LLP

A Primer On Administrative Expense Claims From An Oil And Gas Bankruptcy Case

This post provides a quick primer on the administrative expense claims. These claims are entitled to priority for actual and necessary goods and services supplied to a debtor in bankruptcy. For a claim to qualify for...more

Morgan Lewis

Main Street Lending Program (UPDATED)

Morgan Lewis on

This White Paper gives a broad understanding of the terms and implications of the Main Street Lending Program by delving into the key questions market participants are likely to have and addressing the latest changes...more

Holland & Hart LLP

Risky Business: Uncertain Outcomes for Application of Bankruptcy Code 365

Holland & Hart LLP on

Variations in How States Treat Oil & Gas Leases Make Dispositions Complicated - Ability of a debtor to assume, assign, or reject oil and gas “leases” under section 365 of the Bankruptcy Code - Section 365(a) of the...more

Cohen & Gresser LLP

New Insolvency Practice Directions

Cohen & Gresser LLP on

Introduction - On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (“CIGA”) came into force.  CIGA is intended to relieve some pressure on businesses operating during the COVID-19 pandemic, and also to...more

Thomas Fox

Daily Compliance News: July 9, 2020-the Kiss Off edition

Thomas Fox on

In today’s edition of Daily Compliance News: Facebook tells civil rights groups to kiss off. (NYT) BooHoo in big trouble. (NYT) Did Wirecard facilitate fraud in US? (WSJ) How are FinTech companies audited? (WSJ)...more

Dentons

Judgment handed down in latest Lehman directions application

Dentons on

Judgment has now been handed down by Marcus Smith J in another important case regarding the Lehman estate. This gives much needed clarity on how subordinated debts rank as between themselves....more

Best Best & Krieger LLP

Five Takeaways for Commercial Landlords When Tenants File Bankruptcy

COVID-19 Pandemic Likely to Increase Bankruptcy Filings- As the COVID-19 pandemic forces authorities across the country to swiftly react to public health developments and setbacks, the process of reopening businesses to...more

Weil, Gotshal & Manges LLP

Landmark Lehman Subordinated Debt Ruling

The High Court in London gave judgment on Friday, 3 July 2020 on the relative ranking of over $10 billion of subordinated liabilities in the administrations of two entities in the Lehman Brothers group. The judgment covers...more

Lowndes

New Options for Creditors: Florida Adopts the Uniform Commercial Real Estate Receivership Act

Lowndes on

 Until July 1, 2020, there was no comprehensive statutory scheme for the appointment receivers of commercial real estate in Florida. Instead, receiverships of commercial real estate had been governed only by a patchwork of...more

K&L Gates LLP

Preparing for the Next Hanjin: The Unique Challenges and Ripple Effects of Maritime Insolvency and Restructuring

K&L Gates LLP on

As we attempt to mitigate the potential effects of the COVID-19 pandemic on our global supply chain, stakeholders should be actively considering downstream impacts. In this current environment, considering prospective...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in the Netherlands (Updated)

KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER DUTCH LAW - I. Insolvency proceedings in The Netherlands - There are three law-regulated insolvency proceedings in The Netherlands: bankruptcy...more

Fraser Trebilcock

Using Forbearance Agreements To Protect Commercial Real Estate Lender Interests During COVID-19

Fraser Trebilcock on

While much attention has been paid to the struggles of businesses, such as restaurants and retail establishments, to survive the economic downturn wrought by the COVID-19 pandemic, those who lend to such businesses for the...more

Baker Donelson

Force Majeure Clause May Excuse Debtor's Payment of Postpetition Rent in Bankruptcy

Baker Donelson on

To curtail the spread of COVID-19, states and local governments have implemented a tidal wave of restrictions including mandatory stay home orders, closures of "nonessential" businesses, as well as occupancy regulations. ...more

Carlton Fields

Is Cryptocurrency Use an Automatic Badge of Fraud?

Carlton Fields on

Creditors and trustees may use state or federal fraudulent transfer law to attempt to recover assets transferred by a debtor. Fraudulent transfers are transfers made with the intent to hinder, delay, or defraud a creditor, or...more

Blank Rome LLP

Bankruptcy Risks to Landlord When Tenant Files a Bankruptcy Case

Blank Rome LLP on

This practice note discusses the risks to the landlord when a tenant files for bankruptcy and the steps a landlord can take to protect itself following a tenant’s bankruptcy filing. Once a tenant enters a Chapter 11...more

Schwabe, Williamson & Wyatt PC

Chapter 11 Bankruptcy is Expensive; the Small Business Reorganization Act Provides a Realistic Opportunity for Small Businesses to...

Many commentators have long complained and many companies have experienced the reality that bankruptcy laws are too complex, costly, and onerous to successfully allow small businesses to survive by reorganizing in bankruptcy....more

Nossaman LLP

California Adopts Statutory Backstop Legislation as PG&E Emerges from Bankruptcy

Nossaman LLP on

On June 30, 2020, Governor Newsom signed Senate Bill 350 (“SB 350”), which is intended to serve as a backstop for customers as Pacific Gas and Electric Company (“PG&E”) completes its restructuring process and begins...more

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Updates to This Policy

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Contacting JD Supra

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