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    Forgiveness of distressed debt in Europe
    2009-03-31

    Tax treatment in the hands of the creditor

    In Sweden, debt is typically waived through either judicial settlement (Sw. offentligt ackord) (which will not be discussed here) or through private settlement (Sw. underhandsackord) between creditor and debtor.

    Filed under:
    Sweden, Insolvency & Restructuring, Tax, Bird & Bird LLP, Debtor, Waiver, Accounts receivable, Accounting, Debt, Liquidation, Tax deduction, Distressed securities
    Location:
    Sweden
    Firm:
    Bird & Bird LLP
    Reorganization: Business Survival during a Crisis
    2016-01-08

    Thailand is no stranger to tumultuous events, be it unrest in the Deep South, widespread flooding, economic slowdowns in trading partners, domestic protests, exchange rate instability, global economic crises, or flailing tourism.

    Filed under:
    Thailand, Insolvency & Restructuring, Litigation, Tilleke & Gibbins, Debtor, Accounts receivable
    Authors:
    Chusert Supasitthumrong
    Location:
    Thailand
    Firm:
    Tilleke & Gibbins
    Secured Lending in Turkey: Pledge over Bank Accounts
    2018-06-04

    Introduction

    Filed under:
    Turkey, Banking, Insolvency & Restructuring, Gurulkan Çakır, Collateral (finance), Accounts receivable, Debt
    Authors:
    İhsan Daldaban
    Location:
    Turkey
    Firm:
    Gurulkan Çakır
    Amendments to postponement of bankruptcy rules
    2016-09-23

    Introduction
    Postponement of bankruptcy
    Comment



    Introduction

    On July 15 2016 Parliament enacted an omnibus bill which amended several laws. The Law on the Amendment of Some Laws to Improve the Investment Environment focuses on:

    Filed under:
    Turkey, Corporate Finance/M&A, Insolvency & Restructuring, Gün + Partners, Foreign direct investment, Accounts receivable
    Authors:
    Beril Yayla Sapan , Asena Aytuğ Keser
    Location:
    Turkey
    Firm:
    Gün + Partners
    Turkey Amends and Clarifies Collection of Public Receivables
    2016-05-02

    Turkey has amended and clarified the requirements for collecting public receivables. Changes particularly apply to obtaining documents to show an overdue debt, calculating the limitation period, as well as deleting records. Further explanatory information is also provided for existing requirements.

    The Ministry of Finance-Revenue Administration published the General Communiqué regarding Collection of public receivables in Official Gazette number 29686 on 16 April 2016.

    Key changes introduced by the amendments include:

    Filed under:
    Turkey, Company & Commercial, Insolvency & Restructuring, Moroğlu Arseven, Statute of limitations, Accounts receivable
    Authors:
    E Benan Arseven
    Location:
    Turkey
    Firm:
    Moroğlu Arseven
    Factoring arrangements in the United Arab Emirates
    2015-09-30

    Factoring is one of the oldest forms of financing and is still relevant to almost all businesses across the globe.

    It is a financing arrangement that enables a business to sell its account receivables (ie. outstanding monies owed to that business) to third parties at a discounted price. These third parties are typically banks or financial institutions, also known as factors. A company would agree to sell and assign its receivables to the factor, prior to their due date, at an agreed discounted rate. The discount accounts for the risk of non-payment. 

    Filed under:
    United Arab Emirates, Banking, Insolvency & Restructuring, Al Tamimi & Company, Accounts receivable
    Authors:
    Patrick Slater , Ashish Banga
    Location:
    United Arab Emirates
    Firm:
    Al Tamimi & Company
    Forgiveness of distressed debt in Europe
    2009-03-31

    The UK generally distinguishes between “loan relationship” debts (e.g. loan receivables) and other debts (e.g. trading debt in respect of outstanding consideration for the sale of goods or services). It is possible to turn a trading debt into a loan relationship by issue of a debenture in respect of it.

    Tax treatment in the hands of the creditor

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Bird & Bird LLP, Share (finance), Credit (finance), Debtor, Waiver, Accounts receivable, Interest, Accounting, Swap (finance), Consideration, Debt, Withholding tax, Liquidation, Tax deduction, Distressed securities, Debenture, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Bird & Bird LLP
    Insolvent lenders and market disruption
    2008-10-21

    In the current economic climate, there are a number of key issues facing borrowers in the event of lender insolvency or default.

    Committed facilities/term loans

    Provided they are fully drawn and the borrower is not in breach itself, the impact in the short term may not be too severe.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Gowling WLG, Libor, Debtor, Breach of contract, Accounts receivable, Market liquidity, Swap (finance), Debt, Cashflow, Default (finance), International Swaps and Derivatives Association
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    A Systematic Plan for Debt Collection by Agribusinesses
    2017-10-26

    There is nothing quite like a big sale to a new customer - the prospect of recurring revenue from a new source, the validation of business strategy, or the culmination of a successful negotiation.

    However, there is nothing more disheartening than when a new customer is unable or unwilling to pay for the product you just shipped or services you just provided. Perhaps there is one thing that is worse, when a long-term customer fails to pay.

    Filed under:
    USA, Agriculture, Company & Commercial, Insolvency & Restructuring, Foster Swift Collins & Smith PC, Accounts receivable, Due diligence, Debt collection, Agribusiness
    Authors:
    Patricia J. Scott , Scott A. Chernich
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    The Third Circuit Holds that Automatic Perfection Provisions Are Not So Automatic
    2017-07-24

    Close to ten years have passed since the filing of the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P., but this week, the Third Circuit Court of Appeals affirmed a 2015 district court ruling that resolved a dispute between oil producers and downstream purchasers over the perfection and priority of interests in oil sold by SemCrude L.P. and its affiliates. The Third Circuit’s holding in In re SemCrude L.P., --- F.3d ---, 2017 WL 3045889 (3d Cir.

    Filed under:
    USA, Arbitration & ADR, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Bracewell LLP, Accounts receivable, Third Circuit
    Location:
    USA
    Firm:
    Bracewell LLP

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