US issues (including Chapter 11)

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Practice notes
US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 19th May
Practice notes
Joint office-holder appointmentsAll insolvency processes allow for the joint appointment of office-holders if required. Whether it is appropriate or...
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19th May
Practice notes
Marshalling debtWhat is marshalling?Marshalling is where two or more creditors are owed money by the same debtor, and one creditor has more than one...
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Produced in partnership with Karen Jacobs of Dentons 19th May
Practice notes
Statement of Insolvency Practice 16 (SIP 16)—pre-packaged sales in administrationInsolvency practitioners (IPs) are required to comply with both...
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19th May
Practice notes
Roles, powers and duties of an administrative receiverWhat is an administrative receiver?The Insolvency Act 1986 (IA 1986) sets out what an...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Interference with goods in an insolvency situationApplication to insolvencyFollowing an appointment, an office-holder will need to establish what...
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19th May
Practice notes
Secured creditors under a CVA—including effect on guaranteesNeither the company nor its creditors may approve a company voluntary arrangement (CVA)...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 19th May
Practice notes
Court-appointed receivers—when a court will appoint a receiver and who may be appointedThis Practice Note covers receivers who are appointed by the...
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Produced in partnership with John Hughes of Shakespeare Martineau LLP 19th May
Practice notes
Practice Direction on Insolvency ProceedingsCoronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and...
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19th May
Practice notes
Coronavirus (COVID-19)—Changes to the court process in insolvency proceedingsThe UK Government’s policy of social distancing in order to slow the...
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19th May
Practice notes
Compulsory winding up of a company—the process and procedureSTOP PRESS: The Corporate Insolvency and Governance Act 2020 contains provisions which, on...
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Produced in partnership with Eleanor Holland and Karl Anderson of 4 Stone Buildings 19th May
Precedents
Court Reference No: [INSERT COURT REF. NUMBER][IN THE HIGH COURT OF JUSTICEBUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [INSERT...
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19th May
Practice notes
What is a statutory demand?This Practice Note looks at what a statutory demand is and what it seeks to achieve in both corporate and personal...
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19th May
Practice notes
Basic introduction to super senior, senior, mezzanine and junior debtThe range of funding options open to companies has exploded, resulting in a vast...
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19th May

Most recent US issues (including Chapter 11) content

Q&As
Do US chapter 7 or 11 bankruptcy proceedings fall within the TUPE definition insolvency proceedings which have been openedSTOP PRESS: From 6 April...
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31st Jul
Practice notes
Venue Section ConsiderationsWhere a case may be commencedA chapter 11 case may be commenced in the district court for the district in which the...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 31st Jul
Practice notes
US ipso facto clausesIpso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 31st Jul
Practice notes
Avoidance actions under the US Bankruptcy CodeOverview of avoidance actionsThe US Bankruptcy Code provides a debtor with rights to avoid certain...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 31st Jul
Practice notes
US bankruptcy financing—debtor-in-possession (DIP) financingDIP financing generallyDebtor-in-possession financing (DIP financing) is new,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 31st Jul
Practice notes
Chapter 7 liquidationChapter 7 purposeThe purpose of chapter 7 of the US Bankruptcy Code is prompt liquidation of a debtor company’s assets. Unlike...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 31st Jul
Practice notes
United States: CARES Act Bankruptcy Code Revisions Chart [ARCHIVED]This Practice Note is archived and no longer maintained.On 27 March 2020, the...
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31st Jul
Practice notes
The US chapter 11 processCoronavirus (COVID-19)This content is affected by the coronavirus (COVID-19) pandemic. For further details, take a look at...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 31st Jul
Practice notes
Distributions under US chapter 11Overview of bankruptcy distribution prioritiesA chapter 11 debtor’s confirmed plan of reorganisation sets out the...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 31st Jul
Practice notes
Coronavirus (COVID-19): changes to US laws—CARES Act’s Effect on Bankruptcy [ARCHIVED]This Practice Note is archived and no longer maintained. On 27...
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31st Jul
Practice notes
US substantive consolidationDefinition and purposeSubstantive consolidation is an equitable remedy which may be exercised by a bankruptcy court to...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 31st Jul
Practice notes
US: Foreign Account Tax Compliance Act (FATCA)—summaryThe Hiring Incentives to Restore Employment Act (the HIRE Act) include provisions that give the...
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Produced in partnership with John Narducci (Partner) and Stephen C Lessard (Associate) of Orrick, Herrington & Sutcliffe LLP 31st Jul
Practice notes
Tax—FATCA trackerThis tax 'tracker' tool displays the current status of both US FATCA and UK FATCA intergovernmental agreements (IGA).The tracker is...
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31st Jul
Precedents
US Chapter 11 timelineCommon chapter 11 phasesAs shown below, the timing and phases of chapter 11 reorganisations vary depending on whether the filing...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 30th Jul
Practice notes
US pre-packs and US Bankruptcy Code, s 363 asset salesWhat is a pre-pack?A pre-pack is a type of chapter 11 bankruptcy case where the debtor...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 30th Jul

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