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Trustees Insolvency

Gray Reed

Fraud in the Oil Patch the Modern Way

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Once upon a time a good way to commit oil patch theft was to back a truck up to the tank battery in the middle of the night, fill ‘er up, and drive off into the darkness. In re: Black Elk Energy Offshore Operations LLC shows...more

Mayer Brown

UK Supreme Court Clarifies Basis of ‘Knowing Receipt’ Claims Arising From Breach of Fiduciary Duty

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"The law on 'knowing receipt' has perplexed judges and academics alike for several decades" – Lord Burrows (paragraph 99). In a decision with significant implications for claims involving fraud and breach of fiduciary duty...more

Blake, Cassels & Graydon LLP

Insolvabilité au Canada : jurisprudence, tendances et changements en 2023

Plusieurs décisions judiciaires notables et mises à jour législatives importantes pour les prêteurs commerciaux, les entreprises et les professionnels de l’insolvabilité ont marqué l’année 2023. Le présent bulletin résume les...more

Blake, Cassels & Graydon LLP

Canadian Insolvency: Case Law, Trends and Shifts in 2023

Several significant judicial decisions and legislative updates occurred in 2023 that are relevant to commercial lenders, businesses and restructuring professionals. This bulletin summarizes the key developments of 2023 and...more

Patterson Belknap Webb & Tyler LLP

Citing Knowledge of Irregularities in Purported Ponzi Scheme, Bankruptcy Court Deems Pre-Bankruptcy Transfers Fraudulent

Publicly, Diamond Finance Co. (“Diamond”) provided car loans to individuals with less-than-stellar credit. While Diamond did have “some actual business,” its purpose “quickly became a front to lure unsuspecting investors.”...more

Jones Day

The Year In Bankruptcy: 2023

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One year ago, we wrote that 2022 would be remembered in the corporate bankruptcy world for the "crypto winter" that descended in November 2022 with the spectacular collapse of FTX Trading Ltd., Alameda Research, and...more

Awatif Mohammad Shoqi Advocates & Legal...

UAE Insolvency Law - What You Should Know

Introduction: In any dynamic economy, financial challenges can arise, leading individuals and businesses to face insolvency. To address these situations and provide a structured outline for resolving them, the UAE enacted...more

Pillsbury Winthrop Shaw Pittman LLP

Gatekeeping Provisions in Chapter 11 Plans May Be Alternative to Nonconsensual Nondebtor Releases

Nonconsensual nondebtor releases have been a key reason businesses facing mass tort claims have filed for bankruptcy. They hope chapter 11 will result in a faster, less expensive resolution of mass tort claims than class...more

Conyers

Private Client & Trust Bulletin: Summer 2023

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Welcome to the latest edition of our Private Client and Trust bulletin. It is a pleasure to update you on various topics that we hope you will find of interest. As in previous editions we bring you updates from Bermuda...more

Hogan Lovells

Kept-well: Hong Kong court hands keepwell trustee significant win

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A Hong Kong court has awarded a trustee enforcing obligations under a keepwell deed more than US$489 million after finding the keepwell provider to be in breach. The decision by the Honourable Mr Justice Harris in Citicorp...more

Jenner & Block

April 2023 - Recent Developments in Bankruptcy Law

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AUTOMATIC STAY - 1.1 Covered Activities 1.1.a Court denies injunction against actions involving debtors’ affiliates. Shortly after filing their chapter 11 cases, the debtors in possession sought, in the alternative,...more

Jenner & Block

Compilation of Recent Developments in Bankruptcy Law - April 2023

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Recent Developments in Bankruptcy Law - Cumulative, through April 2023 - 1. AUTOMATIC STAY - 1.1 Covered Activities - 1.1.a Court denies injunction against actions involving debtors’ affiliates. Shortly after filing...more

Conyers

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

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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...

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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

Walkers

Chambers Global Aviation Finance & Leasing Guide 2022: Cayman Islands

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In the 2022 Chambers and Partners Global Aviation Finance & Leasing Guide for the Cayman Islands, our aviation experts provide a comprehensive overview of the latest legal information regarding aircraft and engine purchase...more

J.S. Held

Analysis of Fraudulent Conveyance Actions

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Disputes over allegedly fraudulent conveyances have become more common in bankruptcy cases. Fraudulent transfer allegations are also common in transactions such as leveraged buy-outs and recapitalizations. Analysts are...more

McDermott Will & Emery

[Webinar] Trust & Estate Controversy Virtual Forum | Offshore Roundup - September 24th, 12:00 pm - 1:00 pm EDT

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Sarah Gabbai, Nicholas Holland, Lynsey McIntyre and Ziva Robertson will discuss recent vital regulatory and jurisprudential developments for international fiduciaries. The panel will discuss: - Reporting obligations...more

Farrell Fritz, P.C.

Virus To Economic Shutdown To Bankruptcy? Not Necessarily, But Be Prepared

Farrell Fritz, P.C. on

Bankruptcy Resurgent? The economic shutdown, and the ensuing recession, triggered by the COVID-19 pandemic have jeopardized the survival of many businesses and, in some cases, of entire industries. Notwithstanding the...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Definition of “Transfer” under Bankruptcy Code

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Bass, Berry & Sims attorney Chris Lazarini analyzed a case questioning the definition of a “transfer” under §544 and 550 of the Bankruptcy Code and whether the transfer was voidable when made by an unsecured creditor. The...more

Kramer Levin Naftalis & Frankel LLP

Second Circuit Confirms Madoff Trustee’s Ability to Recover Foreign Transfers

The Bottom Line - In vacating judgments from both the District Court and the Bankruptcy Court of the Southern District of New York, the Second Circuit held, in In re Picard, 917 F.3d 85 (2d Cir. 2019), that the trustee...more

A&O Shearman

The Reach of Avoidance – Second Circuit Court of Appeals Holds in Madoff that Bankruptcy Code Can Be Used to Recover Subsequent...

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On February 25, 2019, the United States Court of Appeals for the Second Circuit issued a decision holding that a trustee is not barred by either the presumption against extraterritoriality or by international comity...more

A&O Shearman

Corporate trustees – considerations in seeking declaratory relief

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Despite valid service on the issuer, the English court refused to grant declarations sought by a corporate trustee as to amounts outstanding under unsecured notes issued by a now-insolvent issuer. The declarations would be...more

McDermott Will & Emery

Burden Is on Trustee to Show Insolvency at Time of Transfer

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The US Court of Appeals for the 11th Circuit affirmed the district court’s dismissal of a fraudulent conveyance claim for a “blocking right” and right of first refusal under a patent transfer agreement, addressing the...more

Jones Day

Courts, Cooperation, and More: Incorporating Case-Specific Provisions in Insolvency Protocols - September 2017

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In cross-border restructuring cases, interested parties increasingly rely on court-approved insolvency protocols to aid in managing complex insolvencies involving debtors' assets, liabilities, or operations that span...more

K&L Gates LLP

Capital Gains – Not so Taxing for Receivers and Liquidators?

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The High Court of Australia has settled an important issue causing Insolvency Practitioners some concern involving Capital Gains Tax (CGT) and when a trustee (which includes Receivers and Liquidators) must retain funds to pay...more

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