News & Publications

A Third Party Release In A Confirmed Plan Shields Against Unknown And Nonexistent Claims

Bankruptcy law and business expectations converged in the Residential Capital (“ResCap”) proceeding when the Bankruptcy Court confirmed that the third party release contained in ResCap’s plan of reorganization protected ResCap’s non-debtor parent from claims that were not known and did not exist at the time the plan was confirmed. The Bankruptcy Court reasoned that Section 502(h) of the Bankruptcy Code permitted the third party release to shield the parent even though the claim was […]

By |March 11th, 2016|

Insolvent Corporations And Director Fiduciary Duties To Creditors: A Review Of The Standards In Delaware And Wisconsin

Individuals serving as directors of corporations face the prospect of making difficult decisions when the enterprise experiences financial distress. In fulfilling their fiduciary duties, do the directors of distressed entities owe their duties of loyalty and care to the entity’s shareholders, to its creditors, or to both? Do these duties shift from shareholders to creditors at some point? Terms like “zone of insolvency” and “deepening insolvency” have contributed to the uncertainty directors struggle with […]

By |March 9th, 2016|

Debt Collection In Egypt

Debt collection is the process of recovering unpaid debts such as invoices. And as the technology made global business and trade to become a small village where the business and the payments are made through internet without physical connection between the parties, the obstacles of unpaid debts started appearing with increased pace and frequency.

In Egypt, debt collectors are normally attorneys as opposed to the internationally known collection agencies. From practical experience and cases handled […]

By |March 7th, 2016|