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Macfarlanes LLP | United Kingdom | 16 Mar 2020

Crown preference and the prescribed part: A concern for secured creditors

In last week's Government budget, the Chancellor of the Exchequer confirmed that Crown preference would return but that this would be delayed to 1…

Corrs Chambers Westgarth | Australia | 6 Mar 2020

With great risk, comes ‘just’ reward : Court rules on the entitlement of an indemnifying creditor

In 2015, a general purpose liquidator (GPL) was appointed to Bytecan, a company which installed mobile phone towers. The GPL later reported to…

Bradley Arant Boult Cummings LLP | USA | 31 Oct 2019

The Split Widens: Third Circuit Joins Minority View Regarding Whether Secured Creditor Has Affirmative Obligation to Return Collateral to Debtor Upon Bankruptcy Filing

The circuit courts continue to wrestle over the duties imposed by the Bankruptcy Code’s automatic stay on creditors concerning turnover of a debtor’s…

DLA Piper | Colombia | 19 Sep 2019

Secured creditors and Colombia’s insolvency proceedings

The enactment of Law 1676 of 2013 (Secured Interest Law) in the context of insolvency proceedings − reorganization and liquidation…

Mayer Brown | USA | 26 Aug 2019

Windstream Lease Dispute Escalates as Debtors Sue Uniti, Mediator Appointed, and Creditors Intervene

In recent weeks, the dispute in Windstream’s bankruptcy between Windstream and its REIT spinoff Uniti Group over the lease transaction that…

Mayer Brown | USA | 13 Aug 2019

US Bankruptcy Fee Flip: Legal Expenses for Unsecured Creditors; Considerations for Lenders and Administrative Agents

Pacific Gas and Electric Company's Chapter 11 filing earlier this year has highlighted an issue that is well settled but sometimes overlooked:…

Mauro Rubino-Sammartano | Italy | 29 Apr 2019

Is Everything really lost in case of cancellation of a not refundable hotel Booking?

The Court of Milan has handed down a judgment which opens new perspectives in case of Cancellation of a non-refundable hotel booking, a matter which…

WeirFoulds LLP | Canada | 22 Apr 2019

The Final Skirmish in the Trillium Class Action: Class Counsel's Charge With Respect to Fees and Disbursements Trumps GM's Prior Perfected Security Interest

One of the few Ontario class actions to proceed through trial to judgment and subsequent appeals, the Trillium Motor World Ltd. (“Trillium”) v…

Baker McKenzie | South Africa | 5 Apr 2019

Financial Matters Amendment Bill to Amend Laws for Over the Counter Derivatives

The National Assembly of South Africa is currently in the process of deliberating on a revised draft of the Financial Matters Amendment Bill (Bill)…

McMillan LLP | Canada | 13 Mar 2019

Alberta Court of Appeal Dismisses Property Tax Appeal: Municipalities are Not Secured Creditors for Taxes Assessed on Pipelines, Wells and Other Linear Property

The Alberta Court of Appeal has dismissed an appeal brought by three municipalities (the “Municipalities”) seeking status as secured creditors…
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