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Insolvency › Debt Collection › Bankruptcy Court

Mayer Brown

Can a Foreign Judgment Debt Directly Give Rise to Insolvency Proceedings in England?

Mayer Brown on

The Court of Appeal has held that seeking satisfaction of a foreign judgment debt using a statutory demand and the spectre of bankruptcy proceedings first requires the judgment to be recognised in this jurisdiction....more

Ward and Smith, P.A.

Entitled to Stay Relief? Prove it.

Ward and Smith, P.A. on

For example, you make a commercial real estate loan and record your deed of trust. The borrower pays you for a time but then defaults.  You tried loan forbearance and modification, but it was unsuccessful. The borrower falls...more

Walkers

Jersey – Creditor-Driven Winding up Regime in Jersey

Walkers on

Changes to the Companies Law in 2022 have increased the options available to creditors of insolvent Jersey companies - A creditor is now able to apply to the Jersey Court to wind up a company a liquidated claim against a...more

Latham & Watkins LLP

Holding Water: Thames Water Restructuring Plan Sanctioned

Latham & Watkins LLP on

The English court has sanctioned the group’s interim financing plan, but the opposing creditor group’s appeal will be heard on an expedited basis. The last 12 months have been turbulent for Thames Water. Following the...more

Troutman Pepper Locke

What Are Some Alternatives to Chapter 11 and How Do They Affect Creditors? - Creditor’s Rights Toolkit

Troutman Pepper Locke on

There are many reasons why a company might be experiencing financial distress, including overwhelming debt, cash flow problems, substantial litigation claims, and/or economic downturn. Companies sometimes use Chapter 11 as a...more

Lowndes

Understanding Non-Dischargeable Debts Under the Bankruptcy Code: A Guide for Creditors

Lowndes on

When a debtor files for bankruptcy, creditors often fear their claims will be wiped away. However, under Section 523 of the Bankruptcy Code, certain debts are categorized as non-dischargeable, meaning the debtor cannot...more

Kerr Russell

The Trustee Cometh: Responding To Adversary Complaints In Bankruptcy Cases

Kerr Russell on

Bankruptcy is a forum for the insolvent. However, financially healthy businesses and individuals are dragged into bankruptcy court against their will every day. The primary culprit is the adversary complaint filed by a...more

Bowditch & Dewey

Getting Paid in Bankruptcy – Part IV, Employees

Bowditch & Dewey on

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 arise in any given bankruptcy case. We have omitted several of the...more

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