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Creditors Contract Terms Insolvency

Morris James LLP

Proactive Steps for Creditors Facing a Customer’s Bankruptcy: Key Takeaways from ALFA International 2025

Morris James LLP on

When a customer or business partner files for bankruptcy, creditors often feel uncertain about their rights and financial exposure. At the ALFA International 2025 International Client Seminar, I had the opportunity to speak...more

Walkers

Jersey Company Law Series: Migration / Continuation – Moving companies to and from Jersey

Walkers on

Effects of a company migration into - Jersey Steps to migrate a company out of Jersey...more

Troutman Pepper Locke

Are the Bankruptcy and Insolvency Provisions in My Contract Enforceable? - Creditor’s Rights Toolkit

Troutman Pepper Locke on

Parties often include bankruptcy and insolvency provisions in their agreements to protect themselves should the contract counterparty file for bankruptcy or take other insolvency-related steps. While many of these provisions...more

Walkers

Jersey Company Law Series: Mergers - which entities, the process and the effect

Walkers on

The Companies (Jersey) Law 1991, as amended, (the "Law") provides a modern, simple and flexible merger regime for relevant companies and other entities, whilst also protecting shareholder and creditor interests....more

White & Case LLP

South African Bank and Bank Controlling Company Flac Instruments: Contractual Recognition of the South African Reserve Bank’s...

White & Case LLP on

The Prudential Authority of South Africa (the "Prudential Authority") published Draft Prudential Standard RA03 entitled "Flac Instrument Requirements for Designated Institutions" (the "Draft Flac Standard") in December 2023...more

Mayer Brown

The Right of Set-off in Insolvency Proceedings

Mayer Brown on

The right to set off a claim is a legal concept through which reciprocal claims between a creditor and a debtor company are settled against each other reducing or extinguishing the smaller claim and leaving only a balance...more

Hogan Lovells

German insolvency law: Group payments (sometimes maybe) not per se voidable?

Hogan Lovells on

Germany has notoriously broad voidability laws. As a rule of thumb, any payment by a third party has high voidability risks if the third party has no obligation to make the payment under the contract....more

BCLP

From Across the Pond: The BHS Saga Continues – Can a Company Voluntary Arrangement (CVA) Ever Permanently Vary the Terms of a...

BCLP on

In Wright (and another) (as joint liquidators of SHB Realisations Ltd (formerly BHS Ltd) (in liquidation)) v Prudential Assurance Company Ltd, the court held that, when the BHS CVA terminated, the landlord was entitled to...more

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