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- U. S. Supreme Court Bankruptcy Update | Insights | Jones Day
According to the majority, no provision in the Bankruptcy Code other than section 524 (g) (discussed below) authorizes a chapter 11 plan to release the claims of nonconsenting creditors against nondebtor entities, including Purdue's founding Sackler family, absent full satisfaction of such claims
- Chapman Tripp | Restructuring Insolvency: Cases of note
As part of our restructuring and insolvency market update, Rescue Recovery, we summarise recent cases covering: review of liquidators’ actions; receivers’ rights to funds for litigation; receivers’ and liquidators’ rights to documents; injunction of sale by liquidator; sale of mortgaged property; rights of Court-appointed receivers
- Recent case law in the field of insolvency proceedings
With the suspension of the insolvency proceedings, there is a temporary prohibition to carry out procedural actions in the insolvency case, but not in the accompanying claims and the proceedings instituted on them, which are separate cases
- Supreme Court confirms broad interpretation of section 423 . . .
The Supreme Court has confirmed that s 423 of the Insolvency Act 1986, which provides for the avoidance of certain transactions where they have been entered into for the purpose of defrauding creditors, has a broad application and covers not only transactions entered into by the debtor personally, but also those entered into via the debtor's
- 3 Cases Show Tensions Between Arbitration And Insolvency
Two recent decisions, however, highlight the inherent unpredictability in the way local insolvency courts approach these matters, and the challenges that parties may face if they choose to pursue arbitration in the face of pending insolvency proceedings
- State of securities fraud litigation and insolvency | Burford . . .
The availability in certain cases of directors and officers liability insurance or potential claims against solvent joint tortfeasors like auditors and underwriters can provide meaningful remedies to injured shareholders where claims against an insolvent issuer do not
- How a Supreme Court ruling could cause surge in claims . . . - RPC
Ben Gold, explains how a recent Supreme Court case (BTI v Sequana) confirms company directors owe a duty to creditors if the company nears balance sheet or cash flow insolvency
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