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Indemnification Creditors

Bradley Arant Boult Cummings LLP

Fifth Circuit Reminds Creditors They Must Actively Protect Their Interests in Bankruptcy

In its recent opinion in Raymond James & Associates Inc. v. Jalbert (In re German Pellets Louisiana LLC), 23-30040, 2024 WL 339101 (5th Cir. Jan. 30, 2024), the Fifth Circuit held that a confirmed bankruptcy plan enjoined a...more

Pillsbury Winthrop Shaw Pittman LLP

Use It or Lose It! Indemnification Rights May Not Be Asserted against a Post-Confirmation Liquidation Trust

The Fifth Circuit recently held that claims and defenses arising from an indemnification agreement with a debtor could not be asserted against a liquidation trust because the chapter 11 plan barred those claims and defenses,...more

Conyers

Guidance For Trustees Dealing With Insolvent Trusts: The Z Trust Cases

Conyers on

In October 2022, the Privy Council delivered its judgment in the Z Trust case of Equity Trust (Jersey) Ltd (Respondent) v Halabi (in his capacity as Executor of the Estate of the late Mdam Intisar Nouri) (Jersey) which was...more

Walkers

Insolvent trusts: pari passu indemnification of successive trustees & the importance of creditor expectations – A view from the...

Walkers on

Introduction - The Judicial Committee of the Privy Council has handed down its long-awaited judgment in the joined cases of Equity Trust (Jersey) Ltd v Halabi and ITG Ltd and others v Fort Trustees Ltd, each focusing on...more

Jones Day

Secured Creditor's "Net Economic Damages" Estimate of Disputed Claims "Plainly Insufficient" to Establish Collateral Value

Jones Day on

Valuation is a critical and indispensable part of the bankruptcy process. How collateral and other estate assets (and even creditor claims) are valued will determine a wide range of issues, from a secured creditor's right to...more

Jones Day

To Appeal or Not to Appeal? Liquidators Could Face Personal Costs Orders

Jones Day on

The Situation: Should liquidators be personally liable for the costs of unsuccessful appeals, without an entitlement to reimbursement by the company or its creditors in relation to those costs? The Conclusion: The general...more

Orrick, Herrington & Sutcliffe LLP

Changes to the Civil Code of the Russian Federation (the "RCC") relating to Contract Law and the Law of Obligations

Federal Law No. 42-FZ dated 4 March 2015 (On Amendments to Part I of the Civil Code of the Russian Federation) (the "Law") was signed by the President of the Russian Federation on 8 March 2015 and is aimed at amending certain...more

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