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Western Texas Judge: Land Covenants Not Immune from Rejection

Judge Parker of the U.S. Bankruptcy Court for the Western District of Texas recently issued an order in the case of Hilltop SPV, LLC, granting debtor Hilltop SPV LLC’s (“Hilltop”) motion to reject a Gas Gathering Agreement (“GGA”) with counter-party Monarch Midstream, LLC (“Monarch”).[1] This decision allows Hilltop to reject the GGA while allowing Monarch to retain the covenants that run with the land post-rejection.

USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Bankruptcy, United States bankruptcy court, US District Court for Southern District of Texas
Supreme Court Ends Third-Party Releases in Bankruptcy

Harrington v. Purdue Pharma L.P., 144 S. Ct. 2017 (June 27, 2024)

USA, Insolvency & Restructuring, Litigation, Frost Brown Todd LLP, Chapter 11, US Bankruptcy Code, Supreme Court of the United States, Pharmaceuticals, Pharmaceuticals & chemicals
Collective Redundancies on Insolvency: Irish Employee Rights Bolstered

The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2023 (Collective Redundancies AmendmentAct) came into operation on 1 July 2024.

Ireland, Employment & Labor, Insolvency & Restructuring, William Fry, Insolvency
Additional Rights to Information for Employees of Insolvent Companies

The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2023 (Act) came into effect on 1 July 2024.

Ireland, Employment & Labor, Insolvency & Restructuring, Litigation, William Fry, Insolvency
Application was Indirect Attempt to Enforce Foreign Revenue Debt

Redefine Australian Investments Limited (Company), an Irish-registered company was placed in voluntary liquidation on 24 January 2018. Martin Ferris was appointed as the liquidator (Liquidator).

The Proceedings

Ireland, Banking, Insolvency & Restructuring, Litigation, William Fry
Changes to the Realisation of Assets of Companies in Liquidation

The Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 (Act) has been signed into law but awaits a commencement order to bring it into operation.

In summary, the Act amends the Companies Act 2014 (Companies Act) by modifying the attribution test for related companies to contribute to the debts of the company being wound up, broadening the operative time for unfair preferences, and varying the test for reckless trading.

1. Related company contribution

Ireland, Company & Commercial, Insolvency & Restructuring, Litigation, William Fry, Liquidation
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 2024 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, Global Restructuring Review, Corporate governance, Secured creditor, Liquidator (law), Directors' duties, Company voluntary arrangement, Insolvency, HM Revenue and Customs (UK), Companies Act 2006 (UK), Insolvency Act 1986 (UK), Corporate Insolvency and Governance Act 2020, Directive on Preventive Restructuring Frameworks (2019/1023/EU), Insolvency Regulation (1346/2000) (EU)
Is 2024 finally the year? Key drivers of restructuring and the UK and European commercial real estate market in 2024

Mark Fine, Usman Khan and Sunay Radia, McDermott Will & Emery

This is an extract from the 2024 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Real Estate, Global Restructuring Review, Private equity, Insolvency
Saudi Arabia: Key developments of the Bankruptcy Law and latest trends

Amar Meher, Addleshaw Goddard LLP

This is an extract from the 2024 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

This is an Insight article, written by a selected partner as part of GRR's co-published content. Read more on Insight

Saudi Arabia, Insolvency & Restructuring, Global Restructuring Review
Greece: Significant reform to insolvency law

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

This is an extract from the 2024 edition of GRR's Europe, Middle East and Africa Restructuring Review. The whole publication is available here.

Greece, Compliance Management, Insolvency & Restructuring, Litigation, Global Restructuring Review, Transfer pricing, Articles of association, Insolvency, European Commission, Bankruptcy Code (2020/4738) (Greece), Directive on Preventive Restructuring Frameworks (2019/1023/EU)