BCR Advisory
Technology

Digital Transformation Requires Enterprisewide Agile Transformation

This article was sourced from Forbes. Article by Jason Bloomberg. In many corporate boardrooms, the word Agile conjures up images of small teams of hotshot software developers, iterating over their backlogs of requirements so rapidly they don’t have time to sit down during their daily status meetings. At ICAgile’s inaugural Business Agility 2017 conference in New […]

Insolvency Technology
Finance Technology

Cash is no longer king

This article was sourced from Tech Crunch. Article by Christoffer O. Hernæs.  The idea of a cashless society is one of the topics that stirs up a heated debate when it comes to the digitalization of banking and society. On one hand, physical cash is the common denominator for corruption, tax evasion, money laundering and other various illegal […]

Bankruptcy BCR Advisory
Insolvency

A LIQUIDATOR’S EQUITABLE LIEN: BECAUSE JUSTICE REQUIRES IT

This article was sourced from Corrs Chambers Westgarth.    BACKGROUND In the recent Court of Appeal decision of Primary Securities Ltd v Willmott Forests Limited, liquidators had been appointed to an insolvent company which was the responsible entity of a managed investment forestry scheme. Later, the Appellant replaced the company as the responsible entity of […]

BCR Advisory
Finance

The EU is getting tough on Italy’s insanely high debt

 This article was sourced from Business Insider. Article by Will Martin. The European Union is sounding the alarm on Italy’s massive debt pile and warning that the country must take action soon or risk being declared in breach of EU rules. The European Commission released its annual economic and social analysis of EU Member States on […]

BCR Advisory Bankruptcy
Bankruptcy

Hanjin Shipping Declared Bankrupt

This article was sourced from JD Supra Business Advisor. Article by Shumaker, Loop & Kendrick, LLP.  The Seoul Central District Court declared Hanjin Shipping Co Ltd bankrupt on Friday February 17, 2017, after ruling that Hanjin’s liquidation value was greater than its going concern value. Claims by creditors are due by May 1, 2017 and the […]

BCR Advisory articles
Bankruptcy World business

Uncooperative bankrupts – Court of Appeal upholds an extension of the bankruptcy period

This article was sourced from Byrne Wallace. Article by John Fitzgerald. In McFeely v Official Assignee in Bankruptcy [2017] IECA 21, a judgment delivered by Mr. Justice Peart on 2nd February 2017, the Court of Appeal has reiterated the importance of maintaining the integrity of the bankruptcy process in Ireland, and in so doing has provided […]

BCR Advisory World business
Bankruptcy Finance World business

Bankruptcy Is Not A Borrower Antidote For Loan “Default Interest”

This article was sourced from JD Supra Business Advisor. Article by Kevin Brodehl.  Defaulting on a loan typically triggers a higher interest rate — “default interest” — as one of many consequences for the borrower.  (Other consequences include acceleration of the maturity, late fees and penalties, and foreclosure.) Can a defaulted borrower avoid paying default interest […]

Bankruptcy BCR Advisory
Bankruptcy

Chris Lazarini Comments on Scope of Bankruptcy Rule 2004 Examination

 This article was sourced from JD Supra Business Advisor. Article by Christopher Lazarini. Bass, Berry & Sims attorney Chris Lazarini commented on a case in which objectors (a law firm, banks and accountants) opposed a bankruptcy trustee’s Rule 2004 Motion requesting information related to his investigation of potential claims in a bankruptcy proceeding. While the objectors […]

Insolvency BCR Advisory
Bankruptcy World business

Court Rejects Lender’s Objection to Payment of Debtor’s Counsel’s Fees and Expenses from Pre-Petition Retainer

 This article was sourced from JD Supra Business Advisor. Article by Rachel Cocciolo. In a decision rendered on December 30, 2016, the bankruptcy court for the Southern District of Florida (the “Court”) addressed the debtor’s counsel’s interim application for an award of fees and expenses for services rendered to the debtor and its bankruptcy estate, as […]

buildings BCR Advisory
Insolvency World business

Massachusetts Bankruptcy Court Sends a Reminder on Avoiding the Substantive Consolidation Trap

 This article was sourced from Mintez Levin. Article by Charles W. Azano. There are numerous reasons why a company might use more than one entity for its operations or organization: to silo liabilities, for tax advantages, to accommodate a lender, or for general organizational purposes. Simply forming a separate entity, however, is not enough. Corporate formalities […]

BCR Advisory
Bankruptcy

Lenders Seeking Loan Modification After Bankruptcy, Beware!

 This article was sourced from JD Supra Business Advisor. Article by Paul Fanning, Norman Leonard. LENDERS CANNOT REVIVE A GUARANTY OBLIGATION DISCHARGED IN BANKRUPTCY WITH A SUBSEQUENT MODIFICATION OR FORBEARANCE AGREEMENT, EVEN WITH NEW CONSIDERATION; AND ATTEMPTING TO DO SO MAY LEAD TO LENDER LIABILITY EXPOSURE.  Recently, a bankruptcy judge in the United States Bankruptcy Court […]

Finance World Business
Finance World business

What 2017 May Bring for the Restructuring Community

This article was sourced from JD Supra Business Advisor. Article by John Melissinos. We asked some of our financial advisor colleagues to give us brief read outs on what they felt 2017 has in store for us now that we have gotten beyond the inauguration and into the first weeks of the Trump administration.  Their thoughts […]

BCR Advisory team
Bankruptcy

When Construction Contracts Go Sideways in Bankruptcy

 This article was sourced from JD Supra Business Advisor. Article by Tracy Green. The contractor on a project files a bankruptcy case. How should the property owner and subcontractors proceed? When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code. Types of Bankruptcies The typical bankruptcy case involves […]

Insolvency Law Change 2017
Bankruptcy Insolvency

Australian Bankruptcy Laws commencing 1 March 2017

This article was sourced from Insolvency Interface. Article by Peter Keenan. Some of the changes to the Australia’s bankruptcy legislation approved when the Insolvency Law Reform Act was passed in 2016 will commence on 1 March 2017. The Australian Financial Security Authority (AFSA), the regulator of the Bankruptcy Act, has issued a table listing those […]

Finance Insolvency
Finance

How Trump’s stock market ranks in his first 30 days in office

This article was sourced from Market Watch. Article by Mark DeCambre. Much has been made of the stock market’s record-setting performance since President Donald Trump won the race for the White House back in November. But Dow Jones’s data team offers more insight into how Trump stacks up compared with other presidents in their first 30 […]

Insolvency Technology
Technology

Billionaire investor Mark Cuban calls Amazon ‘the greatest startup in the world’

This article was sourced from Business Insider Australia. Article by Eugene Kim. Mark Cuban, the billionaire investor and owner of the Dallas Mavericks, doesn’t think the greatest startup in the world is Uber or Airbnb. It’s Amazon. “I think Amazon is the greatest start-up and the greatest company in the world,” Cuban said Friday in an […]

technology BCR Advisory
Technology

MONEY & MARKETS Allphones has gone into administration

This article was sourced from Business Insider Australia. Article by Chris Pash. Mobile phone retail chain Allphones went into voluntary administration today. Allphones, which opened its first shopfront in South Australia in 1989, is the largest independent telecommunications retailer in Australia with 80 company-owned, licensed and franchised stores and 440 staff. As a first step, 18 company-owned […]

BCR Advisory money issues
Bankruptcy

Mass. Bankruptcy Court: Mortgage with Incorrect Legal Description Is Avoidable by Chapter 7 Trustee

This article was sourced from JD Supra. Article by Christopher Somma and Goodwin. On January 4, 2017, the United States Bankruptcy Court for the District of Massachusetts found that a Chapter 7 Trustee could avoid the debtor’s mortgage and preserve it for the benefit of the bankruptcy estate.  The opinion, Eastern Bank v. Benton (In re Thomas H […]

BCR Advisory Sydney
Insolvency

Herringbone and Rhodes & Beckett have gone into administration

This article was sourced from Business Insider Australia. Article by Chris Pash. Fashion clothing brands Herringbone and Rhodes & Beckett have gone into voluntary administration, joining a growing list of retailers seeing customer support fade. They have 29 stores with 140 employees. Insolvency group Cor Cordis has been appointed administrator. They follow fashion labels Marcs and […]

BCR Advisory Bankruptcy
Bankruptcy

So What Does a Bankruptcy Carve-Out Clause Really Mean? Delaware Bankruptcy Court Concludes It is Not a Cap on Fees After All

This article was sourced from JD Supra Business Advisor. Article by Robert Kaelin and Murtha Cullina. In chapter 11 bankruptcy cases, it is not uncommon for secured parties/lenders to provide a “carve-out” for various professional fees.  Frequently there may be a “carve-out” for “all chapter 11 professionals” or the “carve-out” may be broken out in different […]