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What to expect in the European restructuring market in 2023

Mark Fine, Aymen Mahmoud and Sunay Radia, McDermott Will & Emery

This is an extract from the 2023 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

European Union, Insolvency & Restructuring, Litigation, Global Restructuring Review, Supply chain, Liquidation, EBITDA, Force majeure, Prudential Regulation Authority (UK)
New Swiss insolvency rules and lenders’ rights pre-insolvency

Luc Defferrard and Tervel Stoyanov, Walder Wyss Ltd

This is an extract from the 2023 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

Switzerland, Insolvency & Restructuring, Global Restructuring Review, Liquidation, Insolvency
Greek insolvency law: significant reform

Alexandros Kontogeorgiou and Georgia Papathanasiou, Kontogeorgiou Bakopanou & Associates Law Firm

This is an extract from the 2023 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

Greece, Insolvency & Restructuring, Litigation, Global Restructuring Review, Transfer pricing, Articles of association, Insolvency, European Commission, Bank of Greece, Directive on Preventive Restructuring Frameworks (2019/1023/EU)
England and Wales: overview of restructuring mechanisms and recent developments

Matthew Czyzyk, Natalie Blanc, Natalie Raine and Emily Ma, Ropes & Gray

This is an extract from the 2023 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

United Kingdom, England & Wales, Compliance Management, Insolvency & Restructuring, Litigation, Tax, Global Restructuring Review, Corporate governance, Liquidation, Moratorium, Debtor in possession, Company voluntary arrangement, Insolvency, European Commission, HM Revenue and Customs (UK), Companies Act 2006 (UK), Insolvency Act 1986 (UK), Corporate Insolvency and Governance Act 2020, Insolvency Regulation (1346/2000) (EU)
Restructuring mechanisms in France and recent developments

Céline Domenget Morin and Loris Julia, Goodwin Procter LLP

This is an extract from the 2023 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

France, Insolvency & Restructuring, Litigation, Global Restructuring Review, State aid, Directive on Preventive Restructuring Frameworks (2019/1023/EU)
German share pledge enforcement: German Federal Supreme Court finally provides clarification on who is entitled to enforce

Since the beginning of the 21st century and the first big wave of security enforcements in Germany, who holds the entitlement to enforce a share pledge has caused countless disputes between pledgees and insolvency administrators. This issue has now been resolved by a recently released judgment of the German Federal Supreme Court of 27 Oct 2022 (case no.: IX ZR 145/21), which has now held that pledged shares as well as pledges over certain other non-movable rights such as trademarks or patents can be enforced by the pledgee (only) and not by the administrator.

Germany, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
German share pledge enforcement: German Federal Supreme Court finally provides clarification on who is entitled to enforce

Since the beginning of the 21st century and the first big wave of security enforcements in Germany, who holds the entitlement to enforce a share pledge between pledgees and insolvency administrators has caused countless disputes. This issue has now been resolved by a recently released judgment of the German Federal Supreme Court of 27 Oct 2022 (case no.: IX ZR 145/21), which has now held that pledged shares as well as pledges over certain other non-movable rights such as trademarks or patents can be enforced by the pledgee (only) and not by the administrator.

Germany, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Winter Wears On: Celsius Court Rules That Certain Customer Deposits are Property of the Bankruptcy Estate

Introduction

USA, Banking, Insolvency & Restructuring, IT & Data Protection, Real Estate, Weil Gotshal & Manges LLP, Cryptocurrency, FTX
Investment Fund Activity in US Debt Restructurings

Elizabeth McColm, Brian Bolin and Grace Hotz, Paul Weiss Rifkind Wharton & Garrison

This is an extract from the 2023 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

In summary

USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Global Restructuring Review, Collateral (finance), Private equity, Debtor in possession, Debt restructuring, Insolvency
Corporate Insolvency and Restructuring in the Wider Commonwealth Caribbean

Stuart Cullen and Benjamin Drakes, Dentons LLP

This is an extract from the 2023 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

In summary

Anguilla, Antigua, Bahamas, Barbados, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Jamaica, Montserrat, Saint Kitts, Saint Lucia, Saint Vincent and the Grenadines, Trinidad and Tobago, Turks & Caicos Islands, Insolvency & Restructuring, Litigation, Global Restructuring Review, Liquidation, Insolvency