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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

Claims handling costs should not be given priority over other debts of an insolvent company Centre Reinsurance International Co and others v Freakley and others

Mills & Reeve LLP
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United Kingdom
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February 9 2007

Several tort claims were made against T & N Limited (“the Insured”) arising out of its use of asbestos. As a consequence it became unlikely to be able to pay its debts

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

No withholding notice: no defence to winding-up proceedings

Wragge & Co LLP
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United Kingdom
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January 23 2007

When a contractor failed to pay certain agreed invoices the sub-contractor issued a winding up petition

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

Assignments of equipment lease payment streams were loans, not sales

Reed Smith LLP
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USA
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February 19 2007

The Bankruptcy Appellate Panel of the Ninth Circuit has ruled that assignments of equipment lease payment streams were not automatically perfected

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

District court holds mandatory abstention applies to dispute between professional liability insurers

Wiley Rein LLP
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USA
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January 8 2008

The United States District Court for the District of New Jersey has abstained from hearing a dispute between a primary and an excess professional liability insurer related to a bankruptcy settlement based on the mandatory abstention doctrine

Claims handling costs should not be given priority over other debts of an insolvent company

Mills & Reeve LLP
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United Kingdom
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February 9 2007

Several tort claims were made against T & N Limited (“the Insured”) arising out of its use of asbestos

German Federal Supreme Court decides on set-aside of global assignment of trade receivables

Jones Day
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Germany
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January 17 2008

In a judgment of November 29, 2007 that is of particular interest to financial institutions involved in asset-based lending, the German Federal Supreme Court (Bundesgerichtshof) allayed concerns that a global assignment (Globalzession) the assignment of all existing and future trade receivables to a lender to secure loans would not survive the insolvency of the respective originator

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IBNR value in US insolvencies

Claims handling costs should not be given priority over other debts of an insolvent company Centre Reinsurance International Co and others v Freakley and others

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

No withholding notice: no defence to winding-up proceedings

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

Assignments of equipment lease payment streams were loans, not sales

Bankruptcy lease issues: courts use two approaches

District court holds mandatory abstention applies to dispute between professional liability insurers

Claims handling costs should not be given priority over other debts of an insolvent company

German Federal Supreme Court decides on set-aside of global assignment of trade receivables

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