Commercial Rent Arrears Recovery: An Insolvency Practitioner's Perspective

by DLA Piper - Noelle Petty, Associate The threat of a landlord levying distress over goods owned by a tenant in financial difficulty – entering premises and seizing goods found therein – has always caused concern for insolvency practitioners seeking to provide business rescue solutions. It has often been one of the reasons for tenants to seek the protection of a moratorium.
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Rabobank Decision - Special Duty of Care

by DLA Piper - Paul Hopman, Partner and Judith Atema, Senior Associate The duty of care of banks has been a hot topic in the Netherlands for quite some time. Although under Dutch law all contract parties have a regular duty of care towards each other, under certain circumstances a ‘special duty of care’ may apply for banks. This special duty of care applies only towards private persons and in case of high-risk investment products. Read more
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Restructuring in Croatia - Hard Choices for Lenders

by DLA Piper - Jasna Zwitter-Tehovnik, Partner and Joze Vranicar, Associate During the 1990s and up to the beginning of the recent financial crisis, the economies of Central and Eastern European countries experienced rapid growth. The privatisation of state-owned industries and the general opening-up of the market attracted foreign investment. Austrian banks invested heavily in the area and as a result, now hold a significant number of non-performing loans, secured on assets located within the CEE.
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Insolvency in the Fashion Retail Sector - Understanding and Managing the Risks of an Insolvent Acquisition

by DLA Piper - Robert Russell, Partner and Kerry Barnard, Senior Associate In the “Insolvency in the fashion retail sector: the risks and opportunities” article in the Q2 edition of Global Insight, we looked at the challenges the fashion retail industry faces today and the opportunities available for both existing players and new market entrants in the context of insolvent business acquisitions.
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New Insolvency Law in Romania - A Step Ahead

by DLA Piper - Alexandra Radulescu, Managing Associate and Andreea Nica, Junior Associate Following a lengthy process which started in 2012 aiming to reform the Romanian insolvency framework as part of a wider judicial reformation program, the New Insolvency Law (Law no. 85/2014 regarding the prevention of insolvency and the insolvency proceedings) entered into force on 28 July 2014.
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A new regime for bank crisis management

by Louise Verill & Paul Durban Overview The financial crisis has thrown into sharp relief the limited scope of resolution tools to deal with failing financial institutions in Europe. Despite the fact that bank insolvency law is an important part of the European Union (EU) regime, the EU has faced hurdles and delays over the years in agreeing on a set of common principles.
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The ABCs of the CRO

by Bob Rajan. Bob Rajan and colleagues explain why a Chief Restructuring Officer (CRO) is often such an important factor in achieving the goal of a successful restructuring. Like all things in life, everything evolves. But whether one believes in the Theory of Evolution, Creationism or some other founding principle of human existence, one will agree that some constants remain throughout time.
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