Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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FSDs And Insolvency: New Regulator Statement
The Pensions Regulator has today issued a Statement on its power to issue financial support directions ("FSDs") against companies after an insolvency event has occurred.
2 Aug 2012
Bullying Behavior Under Insolvency Law
During the current economic downturn the number of insolvency proceedings in the Czech Republic continuously increases.
Czech Republic
30 Jul 2012
Solvency II UK Development – FSA’s Second Consultation Paper On Transposition Released
The FSA released its second consultation paper on Solvency II transposition (click here to view) on 11 July 2012.
18 Jul 2012
Stop To Bullying Insolvency Petitions
In the last week of January, the Czech Government passed an amendment to the Insolvency Act, which was prepared by the Ministry of Justice.
Czech Republic
15 Feb 2012
New Rules On Closing Down The Branch Office
From 1 January 2012, foreign entity performing business in Poland through a branch office will be required to complete a liquidation procedure, in accordance with the provisions of the Polish commercial companies code concerning the liquidation of a limited liability company, to close down its Polish branch.
8 Nov 2011
Secured Creditors Have Lost Certain Privileges Under Bankruptcy Law
On 22 September 2011, the Parliament of Ukraine adopted the Law of Ukraine No. 3795-VI "On Amendments to Several Legislative Acts of Ukraine regarding the Regulation of Legal Relations between Creditors and Receivers of Financial Services" (the "Law").
26 Oct 2011
Changes To Insolvency Procedure
A number of changes have been made to insolvency procedure to remove various discrepancies and controversial practices.
22 Feb 2011
Key Points Arising Out Of The Nortel/Lehmans Pensions Decision
The High Court has delivered its much anticipated judgment in the joint directions application made by the administrators of Lehman Brothers and Nortel, involving the Pensions Regulator.
31 Dec 2010
Empty Second Charge Holder can Share in the Prescribed Part
In the recent decision of Re PAL SC Realisations 2007 Ltd [2010] EWHC 2850 (Ch), the Court confirmed that a secured creditor of a company, which is in administration or liquidation, whose security is valueless, can release the security in its entirety and share in the "prescribed part" in respect of its (formerly secured) debt.
15 Dec 2010
Financial Support Directions in Insolvency: "Super Priority" ?
The High Court has handed down an important judgment in joint proceedings brought by the Lehman Brothers and Nortel administrators relating to the Pensions Regulator's power to issue "financial support directions" (FSDs) against companies after they have entered into insolvency.
15 Dec 2010
Secured Lender Denied Place on Creditor's Committee
A Czech court has ruled that a lender was ineligible to join the insolvent borrower’s creditors’ committee because the share pledges and other security it had taken made it effectively the borrower’s holding company.
Czech Republic
26 Nov 2010
Words Not Clear Enough To 'Wash Off' Junior Creditors
A recent case will be of interest to all those involved in negotiating the restructuring of groups of companies labouring under too much debt where there is a hierarchy of lenders.
7 Oct 2010
UK Bank Levy: Prevention or Cure?
HM Treasury is currently consulting on the proposed Bank Levy (the "Levy"), as announced by the Chancellor in the June 2010 Budget.
2 Sep 2010
We're All In It Together - The Lehmans Client Money Appeal Judgement
The Court of Appeal has handed down its judgement relating to how the Administrators of Lehman Brothers International (Europe) ("LBIE") should distribute the client money that LBIE held at the point at which it went into administration.
10 Aug 2010
The Heavyweight July 2010
The Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 come into force on 1 October 2010.
2 Aug 2010
Title Transfer Collateral Arrangements - FSA Takes Away the Punchbowl
Yesterday, in its quarterly consultation paper (CP 10/15), the FSA formally announced its intention to prevent investment firms using title transfer collateral arrangements (TTCAs) with retail clients.
12 Jul 2010
Insolvency Set-Off in Administration
A recent case in the Court of Appeal ("CA") has provided some useful guidance on the interpretation of rules 2.85 and 2.105 of the Insolvency Rules 1986 ("IR") in the context of insolvency set-off.
24 May 2010
Repeated Notices of Intention to Appoint an Administrator
Where a notice of intention to appoint an administrator is filed, but no appointment is made within the prescribed time limit of ten business days, this does not prevent a fresh notice of intention to appoint from being filed and served, resulting in another appointment window during which an interim moratorium is in place.
12 May 2010
Heavyweight April 2010
Welcome to the April issue of the Heavyweight with developments in this month's banking and insolvency law.
7 May 2010
Heavyweight March 2010
Welcome to the March issue of the Heavyweight, with developments in this month's banking and insolvency law. Some interesting items to note this month.
13 Apr 2010
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