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Insolvency

Mayer Brown

BGH zur Wirecard-Insolvenz: Aktionärsansprüche sind keine einfachen Insolvenzforderungen

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Der Bundesgerichtshof (Pressemitteilung vom 13.11.2025) stellt in seinem heutigen Urteil klar: Kapitalmarktrechtliche Schadensersatzansprüche von Aktionären – etwa wegen irreführender Ad-hoc-Mitteilungen oder Täuschungen über...more

Mayer Brown

German Insolvency Law - Rights and Duties of the Creditors' Committee

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RIGHTS AND DUTIES OF THE CREDITORS' COMMITTEE - The principal body representing insolvency creditors is the creditors' assembly, through which creditors jointly exercise their rights vis-a-vis the insolvency debtor, the...more

Stark & Stark

Defending Rite-Aid’s Preference Claims - Know Your Rights

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​​​​​​​Over one thousand creditors were “preferred” as Rite Aid ran up to its first bankruptcy filing in 2023. That is what the trustee appointed to liquidate Rite Aid’s assets is alleging in a tidal wave of lawsuits recently...more

Walkers

Old rule, new relevance: The Court of Appeal reaffirms the Houldsworth principle

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Walkers represented the joint official liquidators of HQP Corporation Limited (in Official Liquidation) in a landmark decision in which the Court of Appeal (the 'CICA') held that the Houldsworth principle remains part of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mass Dismissal Notification Failures Render Collective Redundancies Invalid, European Court of Justice Rules

On October 30, 2025, the European Court of Justice (ECJ) issued two decisions interpreting European Union law regulating mass dismissals, or “collective redundancies,” ruling that technical mistakes or noncompliance with...more

White and Williams LLP

Rite Aid Files a Thousand Preference Actions

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Rite Aid is now in its second bankruptcy in less than two years. Despite the failed reorganization efforts of the first bankruptcy, nearly a thousand complaints were recently filed in the Bankruptcy Court for the District of...more

Pillsbury - Propel

Top 10 Things to Watch Out for When Cash Flow Is Tight: Restructuring Considerations for ECVC-Backed Companies

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In today’s volatile funding landscape, even high-potential early- and growth-stage companies can find themselves navigating tight liquidity conditions. For founders and executive teams in the ECVC space, recognizing early...more

Falcon Rappaport & Berkman LLP

Commercial Bankruptcy Filings Surge in July 2025

Newly released data shows a significant rise in bankruptcy filings across the U.S., with commercial businesses seeing some of the steepest increases....more

Bennett Jones LLP

OSB Issues New Guidance: What Licensed Insolvency Trustees Must Know about AI Tools

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In recognition of the widespread adoption and integration of generative artificial intelligence (AI) within organizations, Canadian regulators, public bodies and courts have and continue to release guidance to mitigate the...more

Baker Donelson

Unitranche Debt Structures: Practical Insights for Borrowers and Lenders

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Unitranche financing structures, also known as first out/last out or "FOLO," are not new to the lending market but have become increasingly common in recent years, particularly in private equity sponsor-backed middle-market...more

Hogan Lovells

Turbo Group – A practical application of recent restructuring plan developments

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The English High Court last week published its judgment ([2025] EWHC 2678 (Ch)) in respect of its sanction on 9 July 2025 of the inter-conditional restructuring plans proposed by thirteen Turbo Group companies under Part 26A...more

McDermott Will & Schulte

[Webinar] Deal Academy: Contract and financing arrangements in the current real estate market - October 29th, 9:30 am CET

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We are delighted to welcome you to our McDermott Deal Academy. In our online seminar, we will focus on current contract and financing structures in the real estate market....more

Jenner & Block

Third-Party Releases Through Chapter 15—Loophole or Comity?

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Recent filings suggest that companies are leveraging recognition proceedings under Chapter 15 of the U.S. Bankruptcy Code to obtain relief they couldn’t achieve under foreign or U.S. bankruptcy law alone. Noteworthy decisions...more

Shumaker, Loop & Kendrick, LLP

US Column: A Tutorial For Vendors Dealing With Insolvent Customers

On 5 May 2025, Rite Aid filed its second Chapter 11 proceeding less than 2 years after its first. Rite Aid is the 3rd largest pharmacy or “drug store” chain in the US, with over 2000 stores before its Chapter 11 filing. It’s...more

Hogan Lovells

UK: Q: When is a secured creditor no longer a creditor? A: when it’s been repaid - sometimes

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In 2024, two judgments found that consent from repaid secured creditors is not required to extend an administration. Although seemingly a common sense approach, language used in the Insolvency Act 1986 (the “Act”) and the...more

Carey Olsen

US$200+ million cross-border enforcement claim sees significant judgment in the BVI Commercial Court

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The BVI Commercial Court (the "Court") has recently granted summary judgment in favour of Access Bank plc (the "Bank") against Dr Ambrosie Bryant Chukwueloka Orjiako ("Dr Orjiako"), together with his wife and eight BVI...more

Seyfarth Shaw LLP

Rescheduling & Restructuring – How Could Cannabis Rescheduling Affect Bankruptcy Availability?

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Discussions about the possibility of cannabis rescheduling have continued on and off for years, with recent reporting suggesting that the administration is again “considering” the move. While rescheduling could have material...more

Kilpatrick

Creditor Enforcement Under the Illinois Receivership Act

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The Illinois Receivership Act (“Act”) takes effect on January 1, 2026. This new law provides a robust legal framework for the appointment, powers, and administration of commercial receiverships in Illinois. Notably, the Act...more

Arnall Golden Gregory LLP

Restructuring Roundup - September 2025

AGG’s Restructuring Roundup newsletter is a monthly update of legal issues and news affecting or related to commercial litigation and bankruptcy. The newsletter is a curation of published articles and news, and contains...more

Seward & Kissel LLP

The Sum of Its (Car) Parts and Whiskey Rebellion

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First Brands CEO James resigns amid bankruptcy process; turnaround expert in charge | Reuters - Newly instated Chief Restructuring Officer Charles Moore has been positioned at the company since September....more

DLA Piper

Security of Payment: Australia

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What legislation or regulations govern security of payment in construction contracts? Australia’s security of payment (SOP) legislative landscape is not constituted by a single, national law, nor even by a national model...more

DLA Piper

Security of Payment: Hong Kong

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What legislation or regulations govern security of payment in construction contracts? The Construction Industry Security of Payment Ordinance (Cap. 652) (SOPO), which came into effect on 28 August 2025, governs security...more

DLA Piper

Security of Payment: Sweden

DLA Piper on

What legislation or regulations govern security of payment in construction contracts? Sweden does not have a statutory framework specifically governing construction contracts between commercial parties. Instead, security of...more

Orrick, Herrington & Sutcliffe LLP

Municipal Bankruptcy: Avoiding and Using Chapter 9 in Times of Fiscal Stress

Introduction - In May 2008, the City of Vallejo, California, filed for protection under chapter 9 of the United States Bankruptcy Code, followed in 2011 by Jefferson County, Alabama, in 2012 by the City of Stockton,...more

DLA Piper

Security of Payment: UAE

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What legislation or regulations govern security of payment in construction contracts? Security of payment in UAE construction contracts are governed by...more

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