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IBNR value in US insolvencies

Mills & Reeve LLP
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USA
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February 9 2007

The State of New Jersey Appellate Court ruled that the final dividend plan (“FDP”) proposed by the liquidator for Integrity Insurance Company (“Integrity”) was invalid in part because incurred but not reported (“IBNR”) claims were improperly included in the valuation of claims by its policyholders

Delaware Court of Chancery rules that “deepening insolvency” is not a recognizable cause of action in Delaware

Edwards Wildman Palmer LLP
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USA
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January 19 2007

In Trenwick America Litigation Trust v. Ernst & Young, LLP, 906 A.2d 168 (Del. Ch. 2006), the Delaware Court of Chancery definitively weighed in on the tort claim that has become known by the popular name “deepening insolvency” when it dismissed a “deepening insolvency” claim brought by a litigation trust to recover money for the benefit of the creditors of a bankrupt estate

Significant changes to Colorado’s foreclosure laws effective January 1, 2008

Bryan Cave LLP
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USA
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December 20 2007

In 2006, the Colorado Legislature passed HB 06-1387, which produced significant changes to Colorado’s foreclosure laws

Unwinding the deal when bankruptcy looms

Wiley Rein LLP
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USA
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February 22 2007

Joint ventures and other modern forms of strategic partnerships have been criticized lately in the business media as being difficult to manage and ultimately difficult to unwind

Bankruptcy court orders return of over $140 million of margin payments made by hedge fund to prime broker

Fried Frank Harris Shriver & Jacobson LLP
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USA
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February 16 2007

A recent bankruptcy court decision in the Southern District of New York may raise concern among brokerage firms which execute and clear brokerage transactions for hedge funds and similar investment vehicles

Swap agreements should be netted following rejection

Reed Smith LLP
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USA
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February 19 2007

Following the rule that swap agreements should be netted after contract termination, a New York bankruptcy court has held that such agreements also should be netted following rejection in bankruptcy

Bankruptcy lease issues: courts use two approaches

Gardere Wynne Sewell LLP
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USA
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January 16 2008

It is not uncommon for a retailer with financial problems to be past due on lease payments

Claim for failed stock trade is subject to mandatory subordination

Reed Smith LLP
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USA
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February 19 2007

In a case of first impression, the U.S. Court of Appeals for the Second Circuit has held that a claim for damages based on a chapter 11 debtor’s failure to issue shares of its common stock in exchange for a claimant’s stock in another company pursuant to a termination agreement is subject to mandatory subordination

Insolvency along the NAFTA highways: what you need to know

McMillan LLP
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Canada, USA
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July 23 2008

The relationship between Canada and the United States is one of the closest and most extensive in the world

Want to avoid successor liability? Then market aggressively

Reed Smith LLP
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USA
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February 19 2007

A company’s failure to meaningfully market its assets led to the dismissal of its attempted Chapter 11 reorganization

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IBNR value in US insolvencies

Delaware Court of Chancery rules that “deepening insolvency” is not a recognizable cause of action in Delaware

Significant changes to Colorado’s foreclosure laws effective January 1, 2008

Unwinding the deal when bankruptcy looms

Bankruptcy court orders return of over $140 million of margin payments made by hedge fund to prime broker

Swap agreements should be netted following rejection

Bankruptcy lease issues: courts use two approaches

Claim for failed stock trade is subject to mandatory subordination

Insolvency along the NAFTA highways: what you need to know

Want to avoid successor liability? Then market aggressively

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