News & Analysis as of

Insolvency EU Directive

Dechert LLP

New Luxembourg Bankruptcy Law Enhances Luxembourg’s Restructuring Framework

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One of the two main objectives of the Law is to implement the 2019/1023 Directive, which itself aims to foster the proper functioning of the EU internal market and remove hindrances to the exercise of fundamental rights and...more

White & Case LLP

New Swedish Restructuring Act

White & Case LLP on

Effective from 1 August 2022, a new Restructuring Act (Sw. lag om företagsrekonstruktion), which implements the EU Directive on restructuring and insolvency (the "Restructuring Directive"), comes into force in Sweden. As...more

Latham & Watkins LLP

UK and European Restructuring Tools: Choosing the Optimal Forum for Creditor and Shareholder Cramdown

Latham & Watkins LLP on

Debtors and investors have an enhanced choice of restructuring venues as the EU Restructuring Directive is rolled out in Member States - A number of key European jurisdictions have now implemented the EU Preventive...more

Latham & Watkins LLP

France Publishes Restructuring and Insolvency Law Reform Ordinance

Latham & Watkins LLP on

Ordinance 2021-1193, which effects into law the European Directive on preventive restructuring frameworks, applies to proceedings opened from 1 October 2021. Key Points: ..Certain preventive mechanisms are...more

Hogan Lovells

Long-awaited EU Preventive Restructuring Frameworks Directive takes effect amidst warnings of a European recession

Hogan Lovells on

The Preventive Restructuring Frameworks Directive (EU) 2019/1023 is finally in force. Following its implementation into EU member states’ national law, the directive will hopefully prove an effective tool for Europe’s...more

Latham & Watkins LLP

Spain to Implement and Apply Directive (EU) 2019/1023 to the Spanish Insolvency Act

Latham & Watkins LLP on

The Directive will require Spain to adapt key areas of the Spanish Insolvency Act, affecting the rights of debtors, creditors, and shareholders. On 26 June 2019, Directive (EU) 2019/1023 of the European Parliament and of...more

White & Case LLP

Restructuring across Europe – a new era?

White & Case LLP on

All three institutions of the European Union have now approved the EU Preventive Restructuring Framework Directive. This is the EU's first attempt to "harmonise" insolvency laws across the Member States, that have disparate...more

A&O Shearman

Draft UK Legislation to Onshore the EU Reorganization and Winding Up Directives Published in Preparation for Brexit

A&O Shearman on

HM Treasury has published a draft statutory instrument to onshore further EU financial services legislation in preparation for Brexit - the draft Credit Institutions and Insurance Undertakings Reorganization and Winding Up...more

A&O Shearman

EU Finalizes Changes to Ranking of Unsecured Debt Instruments in Insolvency Hierarchy

A&O Shearman on

An EU Directive amending the Bank Recovery and Resolution Directive has been published in the Official Journal of the European Union. The amending Directive amends the ranking of unsecured debt instruments in the insolvency...more

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