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Insolvency Debt

Awatif Mohammad Shoqi Advocates & Legal...

What Are the Procedures for Issuing Execution Orders Against Corporate Debtors under UAE Civil Procedure Law?

In commercial transactions, the process of recovering debts owed by companies may sometimes necessitate legal intervention. Under Federal Decree-Law No. 42/2022 on Civil Procedure Law, specific procedures are outlined for the...more

White & Case LLP

Italy – New Measures to enhance Italian debt capital markets

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The Italian legislators and CONSOB enacted new measures, as part of a general attempt to modernize the market infrastructure. The new rules relate to, inter alia, the following: The issuance of unlisted debt...more

J.S. Held

Lending Climate in America – 1st Quarter 2024 Survey

J.S. Held on

With inflation continuing to impact the US economy, lenders are focused on the economic impact of the presidential election in November. Lenders’ expectations for the US economy’s performance in the longer term – beyond the...more

Awatif Mohammad Shoqi Advocates & Legal...

Liquidation of Companies Under UAE Law: A Comprehensive Guide Based on Federal Decree-Law No. 32/2021 on Commercial Companies

The liquidation of a company is a pivotal process governed by legal regulations in the UAE. Understanding the intricacies of liquidation proceedings is essential for stakeholders involved in company dissolution. Federal...more

Jones Day

Adler: English Court of Appeal Overturns Restructuring Plan

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The Situation: The Adler Group sought to restructure more than €6 billion of debt by means of a UK restructuring plan ("RP"), to give itself a runway for a planned wind-down and asset sales, leading to an enhanced return for...more

Alston & Bird

European Enforcement Guide

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In the current economic climate, it is important that lenders understand how they can enforce security and debt claims, to help in assessing options in the event of default by their customers, and when structuring new...more

King & Spalding

The Evolving Face of Finance: Private Credit's Role in the GCC - insights from the $400m Tamara financing and beyond

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INTRODUCTION - The successful closing of the up to $400 million debt financing secured by Tamara, led by Goldman Sachs and King & Spalding client Shorooq Partners, was a landmark deal in the evolution of private credit in...more

Conyers

Commercial Real Estate Debt Burden Concerns: The BVI Perspective

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With commercial property companies’ debt burdens reaching pre-2008 levels and warnings being issued this month by the European Central Bank, in this article we outline some of the key issues to be considered and steps which...more

Hogan Lovells

Cross-border enforcement of judgments – new mechanism comes into force 29 January 2024

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A wide-ranging mechanism allowing for easier reciprocal enforcement of judgments in mainland China and Hong Kong will come into force on 29 January 2024. The new enforcement regime should reduce the need to re-litigate...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these market places and does not offer specific legal advice. This...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency, and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these marketplaces and does not offer specific legal advice....more

Ankura

Avoid the B-word! In Times of Financial Stress, Being Proactive Ensures You Have Options

Ankura on

“How did you go bankrupt? “Two ways. Gradually, then suddenly.” - Ernest Hemingway, The Sun Also Rises Whether from internal or external factors, every company at some point will experience financial stress. The key to...more

Katten Muchin Rosenman LLP

Tips for Dissenting Stakeholders Challenging a Cram Down (or Up)

This article considers the key issues a dissenting creditor or shareholder (Dissenting Stakeholder) should consider when challenging a UK Restructuring Plan (Plan) under Part 26A of the Companies Act 2006. For convenience,...more

Rivkin Radler LLP

Sale of Mortgaged Property – Amount Realized or COD Income

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Do you feel as challenged as I do when someone asks you to explain the term “Bidenomics”? I know that it is predicated upon the imposition of higher taxes on businesses and their owners, which have not yet materialized....more

Walkers

BVI insolvency proceedings - top creditor FAQs for 2023

Walkers on

As 2023 gets into its stride and with the financial markets forecasting severe economic challenges in 2023, we are seeing an increasing number of enquiries from creditors with respect to debts owed by BVI incorporated...more

Conyers

Cayman Islands Restructuring: Getting Oriented With the New Regime – Part II

Conyers on

On 11 November 2022, Mr Justice Kawaley ordered the first appointment of restructuring officers in Re Oriente Group Limited (FSD 231 of 2022) under the new Cayman Islands restructuring regime, with reserved written reasons to...more

Pillsbury Winthrop Shaw Pittman LLP

Planning for the Rescue Capital Wave of 2023

Parties engaging in rescue capital transactions should prepare to meet the recapitalization demands of real estate entities. Many real estate investment vehicles are suffering from an “equity gap” in their capital...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these market places and does not offer specific legal advice. This...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Australia (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency, and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these marketplaces and does not offer specific legal advice....more

Conyers

Cayman Islands Restructuring: Getting Oriente-d With the New Regime

Conyers on

On 11 November 2022, Mr Justice Kawaley ordered the first appointment of restructuring officers in Re Oriente Group Limited (FSD 231 of 2022) under the new Cayman Islands restructuring regime, with reserved written reasons to...more

Walkers

Chambers Global Aviation Finance & Leasing Guide 2022: Ireland

Walkers on

1.1.1 Taxes/Duties Payable Upon Execution of the Sales Agreement VAT Whether there will be any VAT payable on the sale of an aircraft is determined by its physical location at the point of sale. If the aircraft is physically...more

Foley & Lardner LLP

Practical and Legal Considerations for Extending Cash Runway in a Changing Economy

Foley & Lardner LLP on

Bearing the Bear Market: Article 2 The funding environment for emerging companies has fundamentally shifted in 2022 for both venture capital and IPOs, particularly after a banner year in 2021. Whether these headwinds...more

Dechert LLP

Avoiding an Out-of-Court Restructuring May Breach Fiduciary Duties

Dechert LLP on

Introduction Under Delaware law, the board of directors of an insolvent company has wide latitude to pursue good-faith strategies to maximize the value of the firm. Trenwick Am. Litig. Tr. v. Ernst & Young, L.L.P., 906 A.2d...more

K&L Gates LLP

COVID-19: UK Government Announces End of Temporary Restrictions on Certain Insolvency Proceedings

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The UK government has announced that temporary restrictions on creditor action introduced in the Corporate Insolvency and Governance Act 2020 are to be phased out. These temporary restrictions were put in place to protect...more

K&L Gates LLP

Arbeitsrecht KOMPAKT: Employment Law in Insolvency Proceedings

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Currently, there is a lot of talk about applications for insolvency - one consequence of the pandemic. What does this actually mean for employers and employees? Commonly, neither management nor HR are prepared for such a...more

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