On March 25, 2020, the German parliament adopted a package of measures to mitigate the effects of the COVID-19 pandemic (“COVID-19 Relief Act”). This article contains an overview of the key measures for German companies, which are:
Germany, Banking, Company & Commercial, Insolvency & Restructuring, Morrison & Foerster LLP, Coronavirus
On August 9, 2011, the United States Court of Appeals for the Fifth Circuit held that a non-insider's debt claim can be recharacterized as equity in Grossman v. Lothian Oil Inc. (In re Lothian Oil, Inc.).2 The Fifth Circuit, in reversing the district court, held that: (i) there is no per se rule limiting to insiders the recharacterization of debt claims as equity and (ii) non-insider debt claims may be recharacterized as equity under section 502(b) of the Bankruptcy Code.
USA, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Royalty payment, Bankruptcy, Conflict of laws, Debtor, Interest, Debt, Legal burden of proof, Title 11 of the US Code, United States bankruptcy court, Fifth Circuit