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Restructuring Insolvency European Union

Paul Hastings LLP

The Legal 500’s Restructuring & Insolvency Comparative Guide

Paul Hastings LLP on

Our London Financial Restructuring team authored the UK chapter of the 8th Edition of The Legal 500’s “Restructuring & Insolvency Comparative Guide". The guide provides information on the current issues affecting...more

McDermott Will & Emery

Das StaRUG und dessen Bedeutung für die Restrukturierung von Immobiliengesellschaften – Die wichtigsten Fragen und Antworten

McDermott Will & Emery on

Insolvenzanträge von namhaften Projektentwicklern und Immobiliengesellschaften stellen die betroffenen Unternehmen und ihre Gläubiger vor große Herausforderungen und setzen die gesamte Immobilienbranche unter Druck....more

Latham & Watkins LLP

Adler: A Spanish Perspective

Latham & Watkins LLP on

How would the Spanish court tackle the issues faced by the English Court of Appeal in Adler? Our analysis provides an instructive comparison for groups, shareholders, and creditors when considering where to restructure....more

Davies Ward Phillips & Vineberg LLP

Business Insolvency on the Rise in Canada: Understanding the Role of AI

The first half of 2023 saw a significant increase in business insolvencies as economic sectors responded to uncertain financial conditions in Canada and around the world. In this issue of Davies Insolvency Now, we examine...more

A&O Shearman

Luxembourg adopts insolvency reform: new restructuring options to complete the existing Luxembourg toolkit

A&O Shearman on

The Luxembourg parliament has adopted an act on business continuity, restructuring and the modernisation of the bankruptcy regime (the Insolvency Modernisation Act or IMA)....more

Cadwalader, Wickersham & Taft LLP

European Restructuring and Distressed: 2022 in Review

Market overview - Few could have predicted the unexpected twists and turns 2022 would provide.  A year in which the spectre of war came home to haunt Europe....more

A&O Shearman

Harmonising EU Insolvency: perspectives from France, Germany and the Netherlands

A&O Shearman on

The European Commission has proposed a new directive harmonising certain aspects of insolvency law. Proposals on clawback, pre-packs and directors' duties (among others) will be of interest to companies, directors, investors...more

Orrick, Herrington & Sutcliffe LLP

Comunicazione Della Commissione Sugli Orientamenti Relativi Alla Procedura Di Vendita Alle Condizioni Migliori Di Crediti...

In data 21 ottobre 2022 è stata pubblicata la comunicazione della Commissione Europea del 21 ottobre 2022 concernente gli orientamenti relativi alla procedura di vendita alle condizioni migliori di crediti deteriorati sui...more

Conyers

Conyers Coverage July 2022 – Issue 7 – Cayman Islands

Conyers on

We are pleased to bring you the summer 2022 edition of Conyers Coverage, the Cayman Islands insurance newsletter. The Cayman Islands insurance and reinsurance industry has had a strong start to the year and Conyers is...more

A&O Shearman

The Corporate Crisis and Insolvency Code: a new beginning

A&O Shearman on

The new Corporate Crisis and Insolvency Code has a dual purpose: to satisfy the need for legal certainties and to streamline procedures....more

Dechert LLP

European Restructuring Update: France Introduces New Accelerated Safeguard Proceedings

Dechert LLP on

France has now introduced a new restructuring tool following the enactment of Ordinance 2021- 1193 (the “Ordinance”), which incorporates the Directive (EU) 2019/1023 on preventive restructuring frameworks (the “Directive”)...more

White & Case LLP

Amendment of French restructuring and insolvency laws: a new balance between stakeholders

White & Case LLP on

The reform resulting from Order no. 2021-1193 dated September 15, 2021 is applicable to proceedings initiated as of October 1, 2021 - French insolvency law is undergoing a far-reaching reform, 7 years after the last major...more

Dechert LLP

Restructuring Plans in European Cross-border Restructurings – One Gate Closes but Another One Opens

Dechert LLP on

Key Takeaways - The use of the UK restructuring plan ("Plan") introduced last summer has been gathering pace with a handful of recent judgments seeing it used to implement cross-border restructurings instead of UK schemes of...more

Hogan Lovells

New German restructuring law finally comes into force

Hogan Lovells on

As reported earlier, a new corporate restructuring law will be enacted in Germany. The new law's centerpiece will be the so-called stabilization and restructuring framework ("SRF")....more

McDermott Will & Emery

Special Report - Out-of-Court Restructuring Alternatives in the European Union, Germany and the United States - November 2020

McDermott Will & Emery on

The Coronavirus (COVID-19) pandemic has had a huge impact on the global economy and most businesses, creating thousands of companies with urgent restructuring needs. Restructurings are ideally carried out early, quietly, and...more

Morrison & Foerster LLP

Acting Behind The Scenes: High Court Confirms Duties Of Shadow Directors

In Standish & Ors v The Royal Bank of Scotland Plc & Anor (the “Judgment”), the High Court confirmed that the duties owed by a shadow director are limited to the subject matter of their instructions. This alert is...more

Morrison & Foerster LLP

To Scheme or not to Scheme: the Key Issues Considered to Sanction the LBIE Scheme of Arrangement

Morrison & Foerster LLP on

Case: Lehman Brothers International (Europe) (in administration) [2018] EWHC 1980 (Ch), Hildyard J (27 July 2018) - The High Court sanctioned a complex scheme of arrangement (“Scheme") under the Companies Act 2006 (“CA...more

Morrison & Foerster LLP

The Truth about Dishonesty in Fraudulent Trading under English Law

Morrison & Foerster LLP on

Case: Pantiles Investments Ltd & Anor v Winckler [2019] EWHC 1298 (Ch) (23 May 2019) - A recent decision of the English High Court (the “Court”) has found a director guilty of fraudulent trading under s. 213 Insolvency Act...more

Orrick, Herrington & Sutcliffe LLP

Reform of Insolvency Legislation is Approved

On 11 January 2019, the Council of Ministers approved the text of the legislative decree containing the new code of corporate distress and insolvency (the “Insolvency Code”). The new code was adopted to implement Law 155 of...more

Hogan Lovells

Extraordinary profits created under restructurings according to German law – to be exempt or not to be exempt, that is the...

Hogan Lovells on

Recently the German legislature passed a new law, exempting extraordinary profits created by the waiver of claims under restructurings from income tax liability. ...more

K&L Gates LLP

New EU Restructuring Directive: Harmony in Troubled Times

K&L Gates LLP on

Introduction - Following recent proposed changes to UK restructuring and insolvency law, a new European Union (“EU”) directive concerning restructuring within EU Member States proposed by the European Commission...more

Locke Lord LLP

Brexit: What You Need To Know - Insolvency / Restructuring

Locke Lord LLP on

Some important areas of the UK insolvency law regime are impacted by the harmonisation and applicability of EU treaties, regulations, directives and court decisions: both directly (e.g., recognition of cross-border...more

Orrick, Herrington & Sutcliffe LLP

Brexit - What Now For Your Business

So, the UK has voted to leave the EU. Everyone has their own opinion and we've all seen the news reports and various viewpoints but what does this result mean for you in practical terms and where do we go from here? Here's...more

Orrick, Herrington & Sutcliffe LLP

Distressed Download - July 2015

First Circuit Rules Bankruptcy Code Preempts Puerto Rico's Recovery Act - On Monday, July 6, the Court of Appeals for the First Circuit affirmed the February 6, 2015 order and injunction of the Puerto Rico District...more

Orrick, Herrington & Sutcliffe LLP

Distressed Download - March 2015

What Happens in Delaware Does Not Always Stay in Delaware: Caesars Victorious in Venue Battle - On Wednesday, January 28, the Bankruptcy Court for the District of Delaware transferred venue for the involuntary bankruptcy...more

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