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Insolvency Debtors-in-Possession

Jones Day

The Year In Bankruptcy: 2023

Jones Day on

One year ago, we wrote that 2022 would be remembered in the corporate bankruptcy world for the "crypto winter" that descended in November 2022 with the spectacular collapse of FTX Trading Ltd., Alameda Research, and...more

Akin Gump Strauss Hauer & Feld LLP

Restructuring Plans and Chapter 11: A Transatlantic Perspective

When the Corporate Insolvency and Governance Act 2020 (CIGA) introduced the restructuring plan in England, comparisons with plans of reorganization under chapter 11 of the United States Bankruptcy Code (U.S. Bankruptcy Code)...more

J.S. Held

Analysis of Fraudulent Conveyance Actions

J.S. Held on

Disputes over allegedly fraudulent conveyances have become more common in bankruptcy cases. Fraudulent transfer allegations are also common in transactions such as leveraged buy-outs and recapitalizations. Analysts are...more

Hogan Lovells

Insolvenz in Eigenverwaltung – Success Hotel Management GmbH als ein mögliches Modell? Die anhaltenden Auswirkungen der...

Hogan Lovells on

Über zwei Jahre nach Ausbruch der Covid-19-Pandemie sind deren Auswirkungen auf die deutsche Wirtschaft immer noch deutlich spürbar. Insbesondere die Hotelbranche ist von der sogenannten 4. Welle, den derzeitigen...more

Katten Muchin Rosenman LLP

What a Lessor and Secured Lender Should Expect From an Opinion Letter of Local Counsel in a Cross-Border Lease

The leasing of a commercial aircraft to an airline in a foreign jurisdiction presents risks to the lessor and its secured lender, including whether an aircraft may readily be repossessed if a lease event of default occurs....more

Jones Day

Legislative Update: The Dutch Scheme Has Arrived

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After more than six years of development, the legislative process concerning new Dutch restructuring legislation (Wet Homologatie Onderhands Akkoord, or "WHOA") that introduces a Dutch debtor-in-possession proceeding ("Dutch...more

Jones Day

Legislative Update: New Australian Insolvency Law Reforms Enacted for Small Businesses

Jones Day on

In response to the emergence of the COVID-19 pandemic in Australia in 2020, the federal government injected an unprecedented level of stimulus into the Australian economy and introduced temporary law reforms aimed at...more

Jones Day

The Dutch Scheme Has Arrived

Jones Day on

After more than six years of development, the legislative process concerning new Dutch restructuring legislation (Wet Homologatie Onderhands Akkoord, or “WHOA”) that introduces a Dutch debtor-in-possession proceeding (a...more

Hogan Lovells

New German restructuring law finally comes into force

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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

World Law Group

M&A Strategies for the Acquisition of Insolvent/Financially Distressed Targets

World Law Group on

WLG's International Corporate Transactions and Restructuring & Insolvency Resolutions groups review and consider some of the strategic opportunities and pitfalls associated with acquiring a financially distressed target....more

World Law Group

[Webinar] M&A Strategies for the Acquisition of Insolvent/Financially Distressed Targets - November 10th, 8:30 am ET

World Law Group on

As part of World Law Group's 2020 Fall eConference, the International Corporate Transactions and Restructuring & Insolvency Resolution Groups will host a public webinar "M&A Strategies for the Acquisition of...more

White & Case LLP

Letter from America: navigating Australia’s new debtor-in-possession insolvency reforms

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The Federal Government has announced its largest insolvency reform package in over 30 years, which includes a simplified formal debt restructuring process for eligible small businesses... ...more

Orrick, Herrington & Sutcliffe LLP

NPLs - Impact of U.K. Insolvency Reforms on Enforcement Processes

The COVID-19 crisis has disrupted and will disrupt collections for existing European non-performing loan ("NPL") portfolios and has put many planned transactions on ice. Banks have been prioritising COVID-19-related...more

Dechert LLP

Revisiting the DIFC Insolvency Law in the Context of the COVID-19 Crisis: An Innovative Toolkit for the Turnaround of Troubled...

Dechert LLP on

In the wake of the high profile collapse of the private equity firm Abraaj Capital, the Dubai International Financial Centre (“DIFC”) updated its insolvency regime with the introduction on June 13, 2019 of the new DIFC...more

Jones Day

All Change In Europe—New Chapter 11-Style Restructuring Regime Is On Its Way!

Jones Day on

On 26 June 2019, the new Harmonisation Directive was formally published in the Official Journal of the European Union. As a result, by 17 July 2021, each Member State must include in its respective insolvency and...more

Latham & Watkins LLP

The Italian Insolvency Code: New Rules on ‘Debtor-in-Possession’ Financing

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The Insolvency Code contains a “debtor-in-possession” financing regulation that reforms the legal framework outlined in the Bankruptcy Law in force until August 2020. Key Points: ..The newly enacted Insolvency Code...more

Latham & Watkins LLP

The Italian Insolvency Code: New Tools for Managing a Crisis

Latham & Watkins LLP on

The Insolvency Code represents a comprehensive reform of the Italian legal framework of business crisis and insolvency. Key Points: ..The “alert procedure” (procedura di allerta) offers out-of-court and confidential...more

Jones Day

UK's Proposed Corporate Restructuring Regime Follows European-Style Chapter 11 and Debtor-in-Possession Trend

Jones Day on

The UK Government has announced proposals to introduce a new UK restructuring plan and moratorium, together with certain other changes to the corporate governance regime relevant to companies in distress. In addition,...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

Jones Day

Singapore Enacts New Corporate Bankruptcy Law to Promote International Debt Restructuring

Jones Day on

On March 10, 2017, Singapore's Parliament approved the Companies (Amendment) Bill 2017 ("Act") to enhance the country's corporate debt restructuring framework. The Act was assented to by President Tony Tan Keng Yam on March...more

Latham & Watkins LLP

European Restructuring Landscape Improves with Multiple Reforms

Latham & Watkins LLP on

In light of the UK’s cram down and director-friendly processes, in particular its scheme of arrangement model, major European economies such as France, Germany and Italy have worked hard to develop regimes that give greater...more

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