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Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Charlotte Møller ordered by Published Date Descending.
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1
Airline Insolvency Overhaul: A Summary Of The Final Report Of The Airline Insolvency Review
On 9 May 2019 the Airline Insolvency Review (the AIR), chaired by Peter Bucks, published its Final Report on passenger protections in the context of airline insolvencies, having been commissioned by...
UK
27 May 2019
2
Clarity On Cross-Border Conundrum
It is well established that the type of recognition granted by the recognising court under the UNCITRAL Model Law will depend on whether the originating proceedings are ‘foreign main'
UK
22 Apr 2019
3
Step Aside, Payday Loans: There's an Old Kid in Town
You could be forgiven for thinking that the Bills of Sale Acts of 1878 and 1882 would have been repealed by now, or could never apply to you, over 130 years after they were drafted.
UK
29 Aug 2017
4
Recast Insolvency Regulation: 26 June 2017
The Recast Insolvency Regulation (Regulation 2015/848) will apply to all member states of the EU (with the exception of Denmark) in relation to insolvency proceedings opened on or after 26 June 2017.
European Union
28 Jun 2017
5
No Intention? No Notice!
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
UK
8 May 2017
6
Can We Work It Out? : An Overview Of The Pre-Action Protocol For Debt Claims
After much consultation and debate, the Ministry of Justice has published the final version of the Pre-Action Protocol for Debt Claims (the Protocol), which is due to come into force on 1 October 2017.
UK
6 Apr 2017
7
Insolvency Rules 2016: Decision Making
The Insolvency Rules 2016 (the 2016 Rules) have effect from 6 April 2016. A key change introduced by the 2016 Rules is a new approach to decision making, including a deemed consent procedure.
UK
5 Apr 2017
8
What Is Half Of Nothing? Wrongful Trading Developments In The ‘Robin Hood' Case
Case law on wrongful trading has developed significantly over the past two years, with the cases of Ralls Builders and Brooks increasing judicial consideration of the conduct of directors...
UK
1 Mar 2017
9
What Is Half Of Nothing? Wrongful Trading Developments In The ‘Robin Hood' Case
Case law on wrongful trading has developed significantly over the past two years, with the cases of Ralls Builders and Brooks increasing judicial consideration of the conduct of directors...
UK
22 Feb 2017
10
Ralls Builders Limited Clarification
In February 2016, Mr Justice Snowden handed down his judgment in the High Court proceedings concerning Ralls Builders Limited (in liquidation) [2016] EWHC 243 (Ch).
UK
4 Mar 2016
11
Ralls Builders Limited – Clarification On Directors' Liability For Wrongful Trading
In February 2016, Mr Justice Snowden handed down his judgment in the High Court proceedings concerning Ralls Builders Limited (in liquidation) [2016] EWHC 243 (Ch).
UK
2 Mar 2016
12
Germany's Maple Bank Indemnification: Implications For Creditors
BaFin had previously filed an insolvency petition against Maple, and the insolvency court in Frankfurt am Main opened insolvency proceedings on 11 February 2016.
Germany
17 Feb 2016
13
Update: LASPO Reforms To Apply To Insolvency Proceedings From April 2016
As reported in Reed Smith's March 2015 client alert, insolvency practitioners currently enjoy an exemption from the provisions of Part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).
UK
22 Jan 2016
14
COMI And Get It: International Approaches To Cross-Border Insolvencies
In our increasingly global world, cross-border insolvencies have become relatively commonplace.
Worldwide
11 Jan 2016
15
Extra-Territorial Effect Of Section 236 – The Debate Continues
In an interesting judgment, the High Court in Manchester has decided not to follow the ruling from earlier this year of Mr Justice Richards in Re MF Global (UK) Ltd, deciding instead that section 236 of the Insolvency Act 1986 (the "Act") ..
UK
11 Nov 2015
16
Stuck In The Bunker – OW And Retention Of Title
O.W. Bunker Malta Limited ("OWBM"), and ING Bank N.V. ("ING") (which was seeking an assignment of the debt from the appellants to OWBM) were the respondents.
UK
27 Oct 2015
17
Section 236 Of The UK Insolvency Act 1986 – Extra-Territorial Effect?
MF Global was a broker-dealer which went into Special Administration on 31 October 2011.
UK
19 Aug 2015
18
Provisions Of The Small Business, Enterprise And Employment Act Now In Force
We published a client alert in March, confirming that the Small Business, Enterprise and Employment Act 2015 received Royal Assent on 26 March 2015 and summarising the provisions which will amend insolvency legislation.
UK
27 May 2015
19
Developments In The Insolvency World – The Small Business, Enterprise And Employment Bill
The Small Business, Enterprise and Employment Act (the Act) recently received Royal Assent.
UK
1 Apr 2015
20
The Fall In Crude Oil Prices: Headline Issues To Watch
Oil price movement through 2014 and into 2015 is a consequence of market fundamentals. Europe's continued economic woes, paired with the slowdown in China's economy, have led to a fall in demand for oil.
UK
31 Jan 2015
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