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Judgment creditor collaterally estopped by default judgment against insured
- Wiley Rein LLP
- -
- USA
- -
- May 20 2013
The United States District Court for the Northern District of Georgia, applying Georgia law, has held that a default judgment against an insured in a
It isn’t over until it’s over: termination of the winding up of a company subject to a deed of company arrangement
- Corrs Chambers Westgarth
- -
- Australia
- -
- May 17 2013
The recent New South Wales Supreme Court (Court) decision in Plaza West Pty Ltd (in liquidation) (subject to a deed of company arrangement) 2013
UK Supreme Court clarifies the balance-sheet insolvency test
- Herbert Smith Freehills LLP
- -
- United Kingdom
- -
- May 16 2013
The Supreme Court has delivered a judgment providing welcome clarification on the construction and effect of section 123(2) of the Insolvency Act
Holding the defensive line: Delaware court rejects extension of WARN Act liability to private equity sponsor
- Debevoise & Plimpton LLP
- -
- USA
- -
- May 16 2013
On May 10, 2013, Judge Brendan Linehan Shannon of the United States Bankruptcy Court for the District of Delaware rejected an attempt to hold a
Amendment of the Credit Guarantee Fund Act and the Technology Credit Guarantee Fund Act for the debt relief of SME joint guarantors
- Yoon & Yang LLC
- -
- South Korea
- -
- May 15 2013
Under the current Debtor Rehabilitation and Bankruptcy Act ("Debtor Rehabilitation Act"), even if a debtor's debt is reduced or exempted when a
No termination of commercial agreements in the case of German insolvency proceedings?
- Fried Frank Harris Shriver & Jacobson LLP
- -
- Germany
- -
- May 15 2013
Commercial agreements usually provide for extraordinary termination rights or even automatic cancellation in the case of insolvency of one of the
Events of default? Worth checking your contracts again
- Morton Fraser
- -
- United Kingdom
- -
- May 15 2013
The Supreme Court handed down an important judgement last week in the case of BNY Corporate Trustee Services Limited v Eurosail - UK 2007 - 3BL PLC
Eurosail has the balance been redressed?
- Latham & Watkins LLP
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- United Kingdom
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- May 15 2013
The Eurosail Supreme Court ruling of 9 May 2013 dismissed the appeal but simultaneously rejected the “point of no return” test relied upon by the
EU Court of Justice finds that Ireland must protect pension benefits in bankruptcy
- Haynes and Boone LLP
- -
- European Union, Ireland
- -
- May 14 2013
The EU Court of Justice held that Directive 200894EC of the European Parliament and of the Council of 22 October 2008 ("Directive 200894") applies
The Ninth Circuit holds that bankruptcy courts have authority to recharacterize debt as equity
- Sheppard Mullin Richter & Hampton LLP
- -
- USA
- -
- May 14 2013
On April 30, 2013, the United States Court of Appeals for the Ninth Circuit held that the bankruptcy court has authority to recharacterize as equity
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