Mondaq Europe: Insolvency/Bankruptcy/Re-structuring
Shearman & Sterling LLP
In many financial restructurings to date market participants had relied on the operation of the 2003 Circular...
Jones Day
Finally, section 143 of the Insolvency Code was amended to provide that interest accrues on a monetary avoidance judgment only after
Jones Day
The decision left open whether a contractually agreed-upon early termination right violates section 104.
Collas Crill
In this guide we hope to give our readers a refresher course on Guernsey's insolvency laws in the hope that they will be in a better equipped when one of their clients 'goes under'.
Maples and Calder
Alternative A of the Cape Town Convention now has the force of law in Ireland, following signing of an Order by the Irish Government on 10 May 2017
Mason Hayes & Curran
The High Court has expressed concern that distressed borrowers are being duped into paying money to the anonymous promoters of schemes, which purport to protect them from enforcement by lenders but are actually 'utterly misguided and spurious'.
Mason Hayes & Curran
Two recent developments may have rendered the Irish legal system less attractive to creditors. We examine the scope of these developments and the likely impact on debt collection activity in Ireland.
Giambrone
The news that Alitalia, the Italian airline, is reluctantly taking the decision to file for bankruptcy is not entirely unforeseen.
Carey Olsen
Carey Olsen continues to operate at the forefront of offshore asset recovery work and the development of insolvency law and process in Jersey.
Ogier
Jersey has a familiar range of legal processes and remedies for the restructuring and insolvency of corporations.
Bedell Cristin
A Jersey company or one of its creditors may wish the company to be placed into administration in England under Schedule B1 of the UK's Insolvency Act 1986 (the "Act").
Schoenherr Attorneys at Law
Slovenia adopted a new law regulating rescue and restructuring state aid, which entered into force in mid-February.
Bezen & Partners
Following the decision of the Council of Ministers dated 20 July 2016 on the state of emergency, certain laws, decree laws and communiqués were enacted for the purpose of maintaining national security.
Dentons
These proceedings raised complex issues around the rights of creditors, some of which have not been examined for more than 100 years.
K&L Gates
The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated.
Gowling WLG
This month we review some interesting developments in the finance sector, including the court's view on the existence of an 'intermediate' duty of care on lenders, the need to get the basics...
Debenhams Ottaway
The Ministry of Justice released the final version of the new pre-action protocol ("PAP") on the 21 March 2017.
Reed Smith (Worldwide)
In a judgment that will undoubtedly impact what has become fairly common practice when filing notices of intention to appoint an administrator ("NOITA"), the Court of Appeal has held in JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd that a company seeking to give notice of intention to appoint under paragraph 26 of Schedule B1 to the Insolvency Act 1986
Gowling WLG
This month the new Insolvency Rules 2016 came into force, replacing the Insolvency Rules 1986.
K&L Gates
The Insolvency Rules 2016 (the "2016 Rules") were laid before the UK Parliament on 25 October 2016, and will come into force on 6 April 2017.
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Gowling WLG
This month the new Insolvency Rules 2016 came into force, replacing the Insolvency Rules 1986.
Bezen & Partners
Following the decision of the Council of Ministers dated 20 July 2016 on the state of emergency, certain laws, decree laws and communiqués were enacted for the purpose of maintaining national security.
Reed Smith (Worldwide)
In a judgment that will undoubtedly impact what has become fairly common practice when filing notices of intention to appoint an administrator ("NOITA"), the Court of Appeal has held in JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd that a company seeking to give notice of intention to appoint under paragraph 26 of Schedule B1 to the Insolvency Act 1986
Maples and Calder
What are the main trends/significant developments in the lending markets in your jurisdiction? There are two key trends. First, a resurgence in property-based lending by banks and alternative lenders.
K&L Gates
The regime for dealing with insolvency proceedings within the European Union (EU) is about to become more coordinated.
Shearman & Sterling LLP
In many financial restructurings to date market participants had relied on the operation of the 2003 Circular...
Schoenherr Attorneys at Law
From an economic perspective, especially in the current business environment, contractual freedom is the best legal method to satisfy the legitimate interests of individuals...
Ogier
For the first time in around 40 years, Jersey's Viscount looks likely to be recognised by the English High Court to administer a major cross-border insolvency case.
Gowling WLG
This month we review some interesting developments in the finance sector, including the court's view on the existence of an 'intermediate' duty of care on lenders, the need to get the basics...
Dentons
During the past several weeks the Azerbaijani Parliament has adopted a number of laws, introducing amendments to the Law On Banks, the Civil Code, the Civil Procedure Code, the Administrative Procedure Code, the Law On Telecommunications and the Law On Licenses and Permits.
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