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Rolling back the point of no return: the English Supreme Court clarifies the balance sheet insolvency test

Reed Smith LLP
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United Kingdom
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May 9 2013

The English Supreme Court's eagerly awaited decision on the Eurosail litigation, concerning how the "balance sheet" test for insolvency should be

‘Point of no return’ is not the point says Supreme Court

Reed Smith LLP
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United Kingdom
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May 9 2013

So Eurosail-UK 2007-3BL plc (Eurosail) is not 'balance sheet' insolvent, no event of default has occurred under the RMBS notes it has issued and a

Cherryland update: is turnabout fair play?

Reed Smith LLP
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USA
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April 25 2013

Last year in this space we reported on a pair of Michigan court decisions (51382 Gratiot Avenue Holdings, Inc. v. Chesterfield Development Company

A story of stock, security and simplicity sacrificed under French law

Reed Smith LLP
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France
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April 25 2013

In matters of security over personal property, France for a long time had a complex system of general and particular regimes. It had been hoped that

In re Crane reversed on appeal: Illinois statutory mortgage form held to be permissive, not mandatory; incorporation by reference held to be sufficient

Reed Smith LLP
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USA
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March 4 2013

The United States District Court for the Central District of Illinois has arguably driven the last nail into the coffin of In re Crane, the much

International insolvency laws: will one size fit all? The debate continues

Reed Smith LLP
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Isle of Man, United Kingdom
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February 18 2013

A recent Isle of Man case, Interdevelco Limited v. Waste2energy Group Holdings plc, demonstrates that the debate around how courts should approach

Separation of claims solely on the basis of personal guaranty not permitted

Reed Smith LLP
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USA
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February 18 2013

A single-asset real estate debtor proposed to separately classify the unsecured deficiency portion of the sole secured creditor’s claim from the other

Section 546(b) filings sufficient objection to overcome priming lien of DIP lender

Reed Smith LLP
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USA
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February 18 2013

The debtor, a land management company, obtained DIP financing that purported to prime the pre-petition liens of all creditors who did not file an

Discrimination in classification of claims okay, so long as not unfair discrimination

Reed Smith LLP
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USA
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February 18 2013

The court denied the objections of the Bankruptcy Administrator and the Unsecured Creditor’s Committee, and confirmed the chapter 11 debtor’s proposed

Greens fees not ‘rents, proceeds or profits’ of blanket lien, and not cash collateral

Reed Smith LLP
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USA
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February 18 2013

The Ninth Circuit B.A.P. Affirmed the bankruptcy court decision that post-petition income from greens fees and driving range fees were not “rents

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Rolling back the point of no return: the English Supreme Court clarifies the balance sheet insolvency test

‘Point of no return’ is not the point says Supreme Court

Cherryland update: is turnabout fair play?

A story of stock, security and simplicity sacrificed under French law

In re Crane reversed on appeal: Illinois statutory mortgage form held to be permissive, not mandatory; incorporation by reference held to be sufficient

International insolvency laws: will one size fit all? The debate continues

Separation of claims solely on the basis of personal guaranty not permitted

Section 546(b) filings sufficient objection to overcome priming lien of DIP lender

Discrimination in classification of claims okay, so long as not unfair discrimination

Greens fees not ‘rents, proceeds or profits’ of blanket lien, and not cash collateral

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