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Proskauer Rose LLP | USA | 6 Jul 2021

Three Key Considerations for Fund Sponsors when Participating in Bankruptcy Proceedings

We anticipate a more assertive regulatory enforcement program under the Biden administration, particularly focused on fund managers’ conflicts of…
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Lexology PRO | European Union, Global, USA | 2 Jun 2021

The case for depositor preference: Its impact on depositors and banks, and the IMF’s position

The case for depositor preference: Its impact on depositors and banks, and the IMF’s position, by Arthur Rossi, research officer at the legal department of the IMF.
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Bowditch & Dewey LLP | USA | 20 Aug 2020

Client Alert: Getting Paid in Bankruptcy - Part I, Lender Claims

In this series, we look at how various payment rights are treated in bankruptcy. A summary like this could not possibly address every right that might…
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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…
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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…
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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:…
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Dillon Eustace LLP | Ireland | 9 Jan 2019

Further proposed amendments to the Companies Act 2014

In December 2018 the Government published draft legislation, the General Scheme of the Companies (Corporate Enforcement Authority) Bill 2018 (the…
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Maurice Wutscher LLP | USA | 4 Jan 2019

11th Cir. Rejects Argument That Chapter 13 Bankruptcy Discharged Mortgage Loan

The U.S. Court of Appeals for the Eleventh Circuit recently held that a mortgage loan with a post-plan maturity date was not discharged in a Chapter…
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Mayer Brown | USA | 13 Dec 2018

Intercreditor Agreements After Momentive: When a Hindrance Is Not a "Hindrance"

On November 30, 2018, the US District Court for the Southern District of New York issued its decision in intercreditor litigation relating to…
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Borden Ladner Gervais LLP | Canada | 26 Nov 2018

Supreme Court of Canada Callidus Decision Provides Certainty to CRA Deemed Trust Rules

On November 8, 2018, in a decision delivered unanimously from the bench, the Supreme Court of Canada confirmed that the Crown’s superpriority over…
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