Elizabeth McGovern

Elizabeth McGovern

Reed Smith

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Forum shopping – the end of an era?

Introduction - On 20 May 2015 the European Parliament adopted the recast Insolvency Regulation (the “Recast Regulation”) amending the existing Council Regulation (EC) (No. 1346/2000) on Insolvency Proceedings (the...more

6/1/2015 - Commercial Bankruptcy EU Insolvency Jurisdiction

Schemes of Arrangement for Distressed Shipping Companies – a viable (and cheaper) alternative to chapter 11?

While it is clear that chapter 11 of the U.S. Bankruptcy Code can be an effective tool of reorganisation for distressed foreign shipping companies that are locked in an adversarial dispute with their creditors, should an...more

5/28/2015 - Chapter 11 Commercial Bankruptcy Foreign Entities Schemes of Arrangement Shipping

Commercial Restructuring & Bankruptcy News - May 2015, Issue 2

In This Issue: - How Safe are the Bankruptcy Code Safe Harbors? - Stockton’s Chapter 9 Plan Approval - Delaware Chancery Court Clarifies Fiduciary Duties of Insolvent Corporation Directors in Derivative...more

5/21/2015 - Bankruptcy Code Board of Directors Business Assets Business Justification Chapter 9 Commercial Bankruptcy Corporate Officers Debt Restructuring Fraudulent Transfers Insolvency IP License IRS Lien Priority Municipal Bankruptcy Safe Harbors Section 363

Commercial Restructuring & Bankruptcy Alert - May 2015

In this issue: - How Safe are the Bankruptcy Code Safe Harbors? - Stockton’s Chapter 9 Plan Approval - Delaware Chancery Court Clarifies Fiduciary Duties of Insolvent Corporation Directors in Derivative...more

5/20/2015 - Bankruptcy Code Chapter 9 Commercial Bankruptcy Debt Restructuring Fraudulent Transfers IP License IRS Lien Priority Municipal Bankruptcy Safe Harbors Trademarks

Dutch company, New York law – an English scheme of arrangement?

DTEK Finance B.V., Re [2015] EWHC 1164 (Ch) - Following upon the November judgment in Re APCOA Parking Holdings GmbH, last week Mrs. Justice Rose sanctioned a scheme of arrangement between DTEK Finance B.V. (“DTEK“), a...more

5/15/2015 - Debt Restructuring Energy Sector Schemes of Arrangement UK

Who needs New York law when you can have an English scheme of arrangement instead?

DTEK Finance B.V., Re [2015] EWHC 1164 (Ch) - Following upon the November judgment in Re APCOA Parking Holdings GmbH, last week Mrs Justice Rose sanctioned a scheme of arrangement between the Dutch company DTEK Finance...more

5/12/2015 - Promissory Notes Schemes of Arrangement UK

Supreme Court considers place of “establishment” in Olympic Airlines appeal

Trustees of Olympic Airlines SA Pension and Life Assurance Scheme v Olympic Airlines SA [2015] UKSC 27 - The Supreme Court was unanimous in its brief judgment, that for the purpose of establishing secondary proceedings,...more

5/8/2015 - Airlines Aviation Industry Commercial Bankruptcy Insolvency Olympic Airlines Pension Schemes Pensions Trustees UK

Commercial Restructuring & Bankruptcy Alert - October 2014

In this issue: - Judge Says That Stockton, California Can Cut Pension Obligations - Third-Party Releases – Better Make Sure They Are Adequately Disclosed - Lawyers Who Sign Proofs of Claims for Clients...more

10/9/2014 - Attorney-Client Privilege Chapter 15 Commercial Bankruptcy Cross-Border Default Gerrymandering Insolvency LLC Pensions Restructuring Right of FIrst Refusal Third-Party Release Agrements Trademarks Waivers Work Product Privilege Work-Product Doctrine

Commercial Restructuring & Bankruptcy Alert - December 11, 2013

In this issue: - Detroit Gets a Fresh Start and Pension Debt is at Risk - UK Supreme Court Finds Certain Pension Liabilities Are Not Entitled to Priority Treatment, in Nortel and Lehman Decisions - Amount of...more

12/11/2013

Commercial Restructuring & Bankruptcy Alert - November 2013

In this issue: - Consequences of the Failure of a Secured Creditor to File a Timely Proof of Claim - Private Equity Funds Potentially Liable for Portfolio Company’s Unfunded Pension Liability -...more

11/26/2013 - Commercial Bankruptcy Debt Debtors Employee Benefits Investment Portfolios Pensions

ReSearch Memo - New security registration regime in the UK

On 6 April 2013 new legislation governing registration of security at Companies House came into force. The new rules apply to any charges created on or after 6 April 2013. The main changes to the registration regime are...more

4/12/2013 - Criminal Sanctions Documentation New Legislation Registration

Commercial Restructuring & Bankruptcy Alert - February 2013

In this Issue: - Lenders Beware - International Insolvency Laws: Will One Size Fit All? The Debate Continues - ‘Fair and Equitable’ Means More Than Amortization Schedule - Pre-Petition Security License...more

2/21/2013 - Amortization Broadcasting Chapter 11 Classification of Claims Confirmation Proceedings Debtors-in-Possession Discrimination FCC Insolvency Lenders Licenses Liens Loans Proximate Cause Restructuring Secured Creditors Tortious Interference Unnecessary Adequate Protection Payments

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