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20/09/2017 Evan D Flaschen, Bracewell, US Shannon B Wolf, Bracewell, US
17/10/2016 Orla M McCoy, Clayton Utz, Australia
Chapter 11 of the United States Bankruptcy Code permits a debtor to "cram down" a chapter 11 plan on a secured creditor who votes against the plan, as long as the creditor receives the "present value" of its claim over time.1 Traditional thinking assumed the "present value" requirement...
31/08/2015 Evan D Flaschen, Bracewell, US David L Lawton, Bracewell, US
The purpose of this short note is not to conduct a detailed critique of the law in Hong Kong in this very broad and complex area but to provide a brief sketch as to certain of the challenges faced by industry professionals and what steps are, hopefully, being taken to improve the situation.
Important...
31/08/2015 Robin Darton, Tanner De Witt, Hong Kong
Settlements made in conjunction with a restructuring plan ("Plan") under the Companies' Creditors Arrangement Act ("CCAA") enjoy the possible availability of a unique advantage. If the court can be convinced that a particular settlement is fair and reasonable, provides substantial benefits to the...
31/08/2015 Derrick Tay, Gowling WLG, Canada
Peter A Ivanick Hogan Lovells New York
From the US Supreme Court to the Treasury Department to insolvency forums, including state courts in insurance insolvency cases, 2013–2014 developments were significant.
The US Treasury Department, through the Financial Stability Oversight Council, designated a...
01/09/2013 Peter A Ivanick, Hogan Lovells, US
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