Recently, the Dutch Supreme Court rendered a judgment in which it has given a detailed explanation of the effects of bankruptcy proceedings on a contract or other legal relationship.[1] The case in question involved a dispute between a bankruptcy trustee and a bank as to whether the bank could file its post-bankruptcy l

Recently, the Dutch Supreme Court rendered a judgment in which it has given a detailed explanation of the effects of bankruptcy proceedings on a contract or other legal relationship.[1] The case in question involved a dispute between a bankruptcy trustee and a bank as to whether the bank could file its post-bankruptcy l

NautaDutilh

Introduction of senior non-preferred debt in the Netherlands

3 April 2018

FCS Financial Law

KEY TAKEAWAYS

A new EU Directive adopted in December 2017 will enable EU banks, large investments firms and relevant group companies (e.g. holding companies) to issue so-called 'senior non-preferred' debt instruments.

Such senior non-preferred debt will rank senior to regulatory capital instruments (CET1, AT1 and Tier 2) and other subordinated debt, but junior to the institution's senior debt (such as deposits and ordinary creditors).

What happens to the a licensee’s right to use a trademark if the licensor files for bankruptcy?

The Year Brick & Mortar Got a Bankruptcy Makeover

What Fashion and Luxury Goods Companies Need to Know About Restructuring and Bankruptcy

Los Angeles / New York / San Francisco / Washington, DC

arentfox.com

Introduction

Understanding the Issues, Causes, Tools for Distressed Retail Situations & What Lies Ahead for 2018

In deciding whether to afford administrative priority to claims arising from goods shipped shortly before a debtor’s bankruptcy filing, the Third Circuit, in In re World Imports Ltd., 862 F.3d 338 (3d Cir. July 10, 2017), interpreted the term “received” under section 503(b)(9) to mean “physical possession.” In effect, the Third Circuit’s decision provides additional protection to trade vendors that conduct business with distressed debtors.

On September 22, 2017, the First Circuit issued a decision[1] holding that the Official Committee of Unsecured Creditors (the “UCC”) appointed in the Commonwealth of Puerto Rico’s Title III debt adjustment case[2] (the “Title III Case”) has an unrestricted right to i

Introduction

Luxembourg recently adopted a number of legislative reforms aimed at modernising the rules applicable to commercial companies. In relation to the restructuring and insolvency of Luxembourg-based entities, Parliament is discussing the long-awaited Bill 6539 (the so-called 'Insolvency Bill').

In the meantime, a number of reforms which could affect the restructuring and insolvency of commercial companies have been adopted, including:

The Bankruptcy Court for the District of Delaware recently issued a decision that will undoubtedly influence strategies in bankruptcy cases involving plugging and abandonment liabilities. The court’s ruling in Venoco, LLC v. City of Beverly Hills illuminates the Bankruptcy Code’s rehabilitative purposes by explaining that financial harm, without more, is not sufficient to enjoin a debtor’s actions.

What Happened

Unlike the parenting technique that requires a misbehaving child to sit in a designated area for a set amount of time, Gymboree Corporation, the well-known San Francisco-based company that operates specialty retail stores of children’s apparel, will serve its time-out before Judge Keith L. Phillips in the US Bankruptcy Court for the Eastern District of Virginia.