Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Squire Patton Boggs LLP ordered by Published Date Descending.
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Will Director/Shareholders Always Be Liable To Repay Unlawful Dividends?
When can an insolvency practitioner pursue directors for declaring unlawful dividends?
13 Aug 2019
Defining Cryptocurrency In Russia: Does It Form Part Of The Bankruptcy Estate?
We recently published a blog identifying issues which cryptocurrency pose in insolvencies; not least identifying and classifying it, how to take control
Russian Federation
6 Aug 2019
Cryptocurrencies: Practical Considerations In Insolvencies
In a recent report by INSOL International, only 5% of insolvency practitioners ("IPs") said that they had a "comprehensive or practical/working or understanding" of crypto-currency.
31 Jul 2019
Draft Finance Bill Published: HMRC Preferential Status On Insolvency Confirmed
Today the Government published draft provisions for inclusion in the Finance Bill which will amend the Insolvency Act 1986 and grant HMRC preferential status on insolvency.
30 Jul 2019
Dubai Makes Moves Toward International Best Practices With New Insolvency Law
On May 30, 2019, Dubai's ruler, Sheikh Mohammed bin Rashid al-Maktoum, signed DIFC Insolvency Law, Law No. 1 of 2019 (the "New Insolvency Law")
26 Jul 2019
It Should Be Settled Law – Unsecured Attorney's Fees Claims Are Permissible
In Travelers Cas. & Sur. Co. of Am. v. PG&E, 549 U.S. 443 (2007), the Supreme Court held that bankruptcy law does not disallow a post-petition unsecured claim
25 Jul 2019
The Government Fails To Listen To Lenders As It Presses On With Reforms Which May Stifle UK Enterprise
We reported last week that the Government intends to proceed with its proposal to reinstate HMRC as a preferential creditor on insolvency, which could spell disaster for UK businesses, lenders and the UK economy.
24 Jul 2019
Attorneys Beware: Federal Court Reinstates Aiding And Abetting Breach Of Fiduciary Duty Claim Against Law Firm
Attorneys who advise a distressed company usually work very closely with members of the board of directors.
United States
16 May 2019
Ninth Circuit Gives A Partial Green Light to Cannabis Company Bankruptcies
Earlier today, the Ninth Circuit Court of Appeals issued its long-awaited ruling in the Garvin v. Cook Investments, NW, SPNYW case
United States
16 May 2019
Relief From Forfeiture – In The Balance
The demise of high street retail and the insolvency of household names, including Woolworths, BHS, and more recently Debenhams and Monsoon has been a real headache for property owners.
15 May 2019
Can Directors File An Out Of Hours Administration Appointment?
With the introduction of electronic filing which allows parties to file documents at court 24/7 we consider the recent case of Wright v HMV Ecommerce Limited (2019) in which the court was asked...
15 May 2019
How Do You "Undo" A Business In The UK? A Guide To UK Practice
How Do You "Undo" A Business In The UK? A Guide To UK Practice.
10 May 2019
Pensions Versus Insolvency: Changes To The Pension Regulator's Powers
There has always been a tension between protecting the interests of defined benefit pension schemes and insolvency given on the one hand The Pensions Regulator (TPR)
21 Feb 2019
Will Bankruptcy Stay Criminal Proceedings For PG&E?
On January 29, 2019, California's Pacific Gas and Electric, one of the nation's largest utilities, filed for Chapter 11 bankruptcy protection.
United States
4 Feb 2019
State Marijuana Laws Vs. Bankruptcy: The Tension Grows
In prior posts, we examined whether state-licensed marijuana businesses, and those doing business with marijuana businesses ...
United States
9 Jan 2019
Third Circuit Confirms There's No Wiggle Room With Jurisdictional Limitations
A precedential decision issued on November 28, 2018 by the U.S. Court of Appeals for the Third Circuit highlights the limits of bankruptcy judges' authority to transfer non-core proceedings to other courts.
13 Dec 2018
The Fifth Circuit Reminds Buyers To Beware Of Buying "Deemed Rejected" Contracts
The recent decision by the Fifth Circuit Court of Appeals in In re Provider Meds, L.L.C. is a stark reminder to chapter 7 trustees that they have an affirmative obligation ...
United States
11 Dec 2018
Did Jevic Doom Future Chapter 11 Recovery Efforts By Unsecured Creditors?
Can a senior secured creditor, who credit bid for substantially all of a debtor's assets, contribute non-estate property to a litigation trust for the benefit of general unsecured creditors...
United States
6 Dec 2018
Are Trademark Licensees Protected In A Licensor Bankruptcy?
Certain licensees of intellectual property are expressly given expanded rights when their licensors file bankruptcy.
United States
5 Dec 2018
Black Friday- Risks And Opportunities For UK Retailers
You may have noticed from the emails flooding into your inbox (even in this post-GDPR world) that this Friday 23 November is "Black Friday".
27 Nov 2018
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