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Ninth Circuit Court of Appeals reverses precedent courts can recharacterize debt as equity to the extent allowed under state law

Squire Sanders
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USA
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May 8 2013

For nearly 30 years, bankruptcy courts within the Ninth Circuit were prohibited from recharacterizing purported debt as equity. This prohibition

Twenty days and twenty nights, I was wrong and the lawyers were right, all along: register your security interest on the PPS register within 20 business days!

Squire Sanders
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Australia
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April 15 2013

Cardinia Nominees Pty Ltd (Cardinia) agreed to lend Inika Pty Ltd (Inika) the sum of $750,000, in exchange for the issue of convertible bonds to

Supreme Court, First Civil Chamber, ruling dated April 9, 2012, Appeal 2292007

Squire Sanders
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Spain
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January 31 2013

In this appeal, the court analyzes the extent of the consequential damages and future loss of profits that correspond to the lessor of a business

Supreme Court, First Civil Chamber. Ruling dated June 20, 2012.

Squire Sanders
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Spain
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January 31 2013

The insolvency administrators (hereinafter, “the Plaintiff”) of the company Santa Teresa Materiales de Construcción S.L. (hereinafter “the Company”

Credits for supplies accrued before the declaration of bankruptcy: preferential credits

Squire Sanders
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Spain
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November 20 2012

On March 21st, 2012 the Spanish High Court rendered its Judgment in which stated that credits for supplies accrued before a company has been stated in bankruptcy, have to be paid as preferential credits, this means that they shall have priority over the rest of the credits, in those cases in which the Court who is dealing with the bankruptcy proceedings had ordered the supplier to continue with the respective supply in the interest of the bankrupt company

Sixth Circuit sets limits on bankruptcy court jurisdiction

Squire Sanders
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USA
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October 29 2012

In Waldman v. Stone, the Sixth Circuit explored the contours of bankruptcy court jurisdiction arising from an action in which the debtor obtained a $3 million judgment against one of his main creditors

Sixth Circuit addresses question of standing of former bankruptcy debtor

Squire Sanders
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USA
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October 29 2012

In Auday v. Wet Sale Retail, Inc., the Sixth Circuit considered an action by a former individual debtor who sued for an age discrimination claim

Sixth Circuit rejects $500 million claim by FDIC

Squire Sanders
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USA
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September 17 2012

In FDIC v. AmTrustFinancial Corporation, the Sixth Circuit considered the results of the very first trial in the nation under Bankruptcy Code Section 365(o). Section 365(o) is an infrequently litigated provision of the Bankruptcy Code that requires a party seeking Chapter 11 bankruptcy protection to fulfill “any commitment . . . to maintain the capital of an insured depository institution”

Bankruptcy’s automatic stay does not shield a debtor who tortiously uses his property

Squire Sanders
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USA
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July 16 2012

To a business litigator, the bankruptcy debtor’s most effective weapon is often the automatic stay, which is commonly used or abused, depending on the perspective to, inter alia, stay all pending litigation against the debtor and keep him in sole control of an asset, despite seeming abuses of that control

Hot topics in pensions

Squire Sanders
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United Kingdom
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July 13 2012

From April 2012 it has been possible to make transfer payments from contracted-out to contracted-in pension plans

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Ninth Circuit Court of Appeals reverses precedent courts can recharacterize debt as equity to the extent allowed under state law

Twenty days and twenty nights, I was wrong and the lawyers were right, all along: register your security interest on the PPS register within 20 business days!

Supreme Court, First Civil Chamber, ruling dated April 9, 2012, Appeal 2292007

Supreme Court, First Civil Chamber. Ruling dated June 20, 2012.

Credits for supplies accrued before the declaration of bankruptcy: preferential credits

Sixth Circuit sets limits on bankruptcy court jurisdiction

Sixth Circuit addresses question of standing of former bankruptcy debtor

Sixth Circuit rejects $500 million claim by FDIC

Bankruptcy’s automatic stay does not shield a debtor who tortiously uses his property

Hot topics in pensions

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