Eurozone services activity declined in September according to a widely watched business sentiment survey, fuelling economists’ concerns that a resurgence in coronavirus cases threatens the bloc’s economic recovery, the Financial Times reported. The IHS Markit flash eurozone purchasing managers’ index for services fell to 47.6 in September, from 50.5 in the previous month, data published on Wednesday showed. It was the first time in three months that the reading had dropped below the 50 mark, and the lowest level since May.
After a decade of scandals and multiple bailouts, Banca Monte dei Paschi di Siena SpA is back in the spotlight, Bloomberg News reported in a commentary. This time, the Italian government is shopping around the 1.5 billion-euro ($1.7 billion) lender ahead of a European Union deadline for Rome to exit the bank next year. Loaded with legal risks that dwarf its market value, any investor will be loathe to buy Monte Paschi with those liabilities — not least in the midst of a pandemic. The risk to Italian taxpayers is that Rome offloads its majority stake in the world’s oldest bank at any cost.
Less than a month after Argentina’s $65 billion debt restructuring, bond prices show growing concern the government may struggle to pay its obligations, Bloomberg News reported. The country’s yield curve has inverted in the week since officials announced foreign-exchange restrictions to help conserve cash. Investors perceived the move as an act of desperation instead of a workable solution to stem the drain in foreign reserves, and prices for short-term bonds dropped.
India’s corporate affairs ministry is proposing to extend a suspension of new bankruptcy filings that has been in place since earlier this year, people familiar with the matter said, Bloomberg News reported. The proposal is to extend the halt on new bankruptcy cases for another six months past its currently scheduled ending point this week. It must get final approval from Finance and Corporate Affairs Minister Nirmala Sitharaman, according to the people, who asked not to be identified because the details are private.
Mexico’s finance ministry and banking regulator extended tools to allow banks and financial intermediaries to restructure loans and other credits to clients, senior officials said Wednesday, in the government’s latest push to help an ailing economy, Reuters reported. The measures will extend until next year several temporary rules designed to avoid defaults and loss of collateral, in what Finance Minister Arturo said was a recognition that the economy will remain fragile for some time.
Argentina’s unemployment rate jumped to 13.1% in the second quarter of the year as the country was swiped by the coronavirus pandemic, the official statistics agency said on Wednesday, the highest since 2004 and up from 10.4% in the previous quarter, Reuters reported. Argentina imposed a strict lockdown in mid-March, hitting an already shaky economy in recession since 2018 and leaving many businesses struggling to survive. The country now has over 650,000 confirmed cases of COVID-19.
Airline Avianca Holdings came under broad criticism in Colombia for paying its top two executives $6 million in bonuses in May, at a time when the carrier had furloughed most of its employees without pay and was preparing a bankruptcy filing, Reuters reported. According to bankruptcy court documents submitted by Avianca itself, the airline paid Chief Executive Anco van der Werff $3.7 million and paid Chief Financial Officer Adrian Neuhauser $2.8 million on May 6. Five days later, the airline filed for Chapter 11 bankruptcy protection in the U.S.
Australia on Thursday unveiled its biggest shakeup in bankruptcy laws in nearly three decades, allowing businesses to trade while insolvent and take more control over debt restructuring, in a bid to help firms through the coronavirus crisis, Reuters reported. Under the proposed rule changes, businesses with liabilities of less than A$1 million ($708,000) will be able to keep operating while they come up with a debt restructuring plan, rather than be placed in the hands of administrators.
Nearly 36,000 Japanese companies have chosen to discontinue their business so far this year, mainly due to the hit from the coronavirus crisis and up sharply from a year ago in a sign of the pain the pandemic is inflicting on the fragile economy, Reuters reported. The total number of companies closing businesses, without going through bankruptcy procedures, may top 53,000 by year-end. That would be the most since relevant data became available in 2000, Tokyo Shoko Research said on Wednesday.
Small businesses in India, already struggling amid the pandemic, are now having to repay mounting debt after a loan holiday ended last month, Bloomberg News reported. The Reserve Bank of India gave borrowers a six-month freeze on their loan repayments, which ended on Aug. 31, with about a third of India’s $1.8 trillion outstanding loans being deferred under the program. Businesses still trying to cope with a collapse in demand must now figure out how to pay back their loans or face closure. That’s a dilemma Regi Philip is dealing with.
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In 1990, Ireland introduced a rescue process which reflects all of the main components of the Preventive Restructuring Directive (1023/2019) (“Directive”).
Steel producer operating in Italy struggles to protect its activities by Giorgio Cherubini & Giancarlo Cherubini
Ilva is the largest steel plant in Europe with a factory in Taranto and a century-old history, which began in the early twentieth century on the initiative of a group of industrialists from Northern Italy.
The plant is one of the flagships of the Italian economic boom, giving jobs and creating wealth and employment.
Judgment of 14 November 2018, C 296/17, Wiemer & Trachte – is the CJEU right? by Angel Ganev, Simeon Simeonov, Valentin Bojilov
The purpose of this article is to present and analyse a 2018 judgment of the Court of Justice of the European Union (hereinafter referred to as the “Court” or “CJEU”), delivered upon a referral for a preliminary ruling of the Bulgarian Supreme Court of Cassation and aimed at the interpretation of Article 3(1) of Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings (hereinafter the “EIR 2000”) and, more specifically, the jurisdiction of the courts of the Member States to hear cases which derive directly from insolvency proceedings and which are closely connected to t
On 6 December 2019, the UNCITRAL held, in its Vienna Headquarters, a Colloquium on Asset Tracing and Recovery, under the auspices of its Working Group V (Insolvency Law). More than one hundred professionals dealing with asset tracing and recovery were in attendance (See Paul Omar’s report of the wider meeting in our News section of this edition).
The purpose of the Colloquium was to kick off a process of debate and analysis among practitioners and academics of different jurisdictions.
At the time of writing, our personal and professional life has totally changed since the COVID-19 emerged. INSOL Europe has just announced that many of our events are postponed.
Countries, one after another, imposed restrictions on citizens’ free movement and banned travels. Offices, courts, schools, and universities are being closed everywhere… Lockdowns spread across the world, including the US and India. In order to fight this highly contagious respiratory illness, the lockdowns are being extended and reinforced…
This updated edition describes the framework of the European Insolvency Regulation Recast (adopted in June 2017), reviews its major rules, highlights the differences from the old EIR 2000, and makes references to the most important and recent cases of the Court of Justice of the European Union. An essential guide for non-European judges, practitioners and scholars who are confronted with this domain of law, as well as anyone dealing with EU-related cross-border cases, this book serves as a concise and comprehensive introduction to the EIR Recast.
Chapter 15 for Foreign Debtors covers all aspects of the UNCITRAL Model Law on Cross-Border Insolvency as well as chapter 15 of the Bankruptcy Code, and provides details about the Foreign Representative, avoidance actions, creditor protections, concurrent proceedings, comity and much more. The book also includes an extensive appendix filled with more than 500 pages of sample case documents and forms related to chapter 15 proceedings.
This book is the latest addition to our list of publications and it provides basic information on Islamic finance. It is meant to be a useful reference tool to the majority of insolvency practitioners who do not work in this field. The chapters in this book were selected on the basis that it is expected that most INSOL members currently have very limited understanding of Islamic finance.
The book has 10 chapters, a country study, and an annexure with a glossary of Islamic finance terms. Following the introductory chapter there are chapters on: