Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Future EU Regulation proposed to address conflicts of law on the assignment of receivables
    2018-07-09

    On 12 March 2018 the European Commission published a proposal for a Regulation to govern the law applicable to the third-party effects of assignments of claims (the “Assignment Regulation”).

    The proposal of the Assignment Regulation adopted by the European Commission deals with which law applies to determine the effectiveness and perfection of the transfer of title – and the creation of other rights like pledges and charges – in relation to claims and receivables vis-a-vis third parties.

    Filed under:
    European Union, Insolvency & Restructuring, Squire Patton Boggs, Accounts receivable
    Authors:
    Andreas Lehmann , Jens Rinze , Dr Andreas Fillmann
    Location:
    European Union
    Firm:
    Squire Patton Boggs
    Legal considerations for managing restructurings in China
    2009-05-11

    Many multinational corporations ("MNCs") are either restructuring or actively considering restructuring their China operations, given the current economic conditions and forecasts. Restructuring efforts often include consolidating legal entities, business units, and operations; closing down operations and factories; and workforce reductions. Implementing such restructuring efforts often raises complicated legal issues, many of which require careful analysis in light of recent legislation and policy considerations.

    Consolidating Operations

    Filed under:
    China, Insolvency & Restructuring, Jones Day, Legal personality, Customs, Accounts receivable, Liability (financial accounting), Liquidation, Transfer pricing, Consolidation (business)
    Location:
    China
    Firm:
    Jones Day
    German Federal Supreme Court decides on set-aside of global assignment of trade receivables
    2008-01-17

    In a judgment of November 29, 2007 that is of particular interest to financial institutions involved in asset-based lending, the German Federal Supreme Court (Bundesgerichtshof) allayed concerns that a global assignment (Globalzession)—the assignment of all existing and future trade receivables to a lender to secure loans—would not survive the insolvency of the respective originator.[1] This decision was eagerly awaited because various judgments of German Higher Regional Courts (Oberlandesgerichte) had raised concerns lately that the security interest over receivables created in the last th

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Jones Day, Collateral (finance), Accounts receivable, Liability (financial accounting), Secured loan, Federal Supreme Court of Switzerland
    Location:
    Germany
    Firm:
    Jones Day
    Fraudulent conduct of principals imputed to company, barring coverage
    2011-10-11

    The United States District Court for the Southern District of Ohio, applying Ohio law, has held that a dishonesty exclusion barred coverage under primary and excess directors and officers (D&O) policies for the Wrongful Acts of the principals of a bankrupt company, all of whom were criminally convicted of securities fraud and related crimes.  The Unencumbered Assets Trust v. Great American Insurance Co., et. al., 2011 WL 4348128 (S.D. Ohio Sept.

    Filed under:
    USA, Ohio, Capital Markets, Insolvency & Restructuring, Insurance, Litigation, White Collar Crime, Wiley Rein LLP, Bankruptcy, Fraud, Waiver, Accounts receivable, Interest, Misrepresentation, Warranty, Securities fraud
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Identifying and dealing with a financially troubled franchisee: what franchisors can do to prepare for a franchisee bankruptcy or receivership
    2008-05-09

    In the last issue of Franchise Alert, we discussed how to spot signs of franchisee financial distress at an early stage. Here, we present some steps franchisors can take to deal with financially distressed franchisees.

    Update Files

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Wiley Rein LLP, Bankruptcy, Surety, Debtor, Accounts receivable, Consent, Due diligence, Franchise agreement, Precondition, Default (finance), Title 11 of the US Code
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Identifying and dealing with a financially troubled franchisee
    2008-04-18

    Part I: Spotting a Financially Troubled Franchisee in Time to Do Something about It

    Filed under:
    USA, Franchising, Insolvency & Restructuring, Wiley Rein LLP, Royalty payment, Bankruptcy, Collateral (finance), Accounts receivable, Option (finance), Franchise agreement, Cashflow, Default (finance), Leverage (finance)
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Bankruptcy court orders advancement of defense costs without adjudicating insurer’s coverage defenses
    2007-10-12

    The United States Bankruptcy Court for the Southern District of New York granted preliminary injunctions ordering a directors and officers liability insurer to advance defense costs, despite the fact that the insurer had denied coverage, and without adjudicating the coverage defense. Axis Reinsurance Co. v. Bennett et al., Adv. No. 07-01712 (S.D.N.Y. Bankr. Aug. 31, 2007); Grant v. Axis Reinsurance Co., Adv. No. 07-2005 (S.D.N.Y. Bankr. Sep. 11, 2007). The bankruptcy court applied New York law and relied heavily on the case In re WorldCom, Inc.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Wiley Rein LLP, Bankruptcy, Costs in English law, Injunction, Accounts receivable, Preliminary injunction, Consideration, Reinsurance, Liability insurance, Indictment, Initial public offering, Warranty, Securities fraud, United States bankruptcy court, US District Court for SDNY
    Location:
    USA
    Firm:
    Wiley Rein LLP
    Romanian government controversially adopts the Insolvency Code
    2013-10-16

    The Romanian government has adopted, by means of Government emergency ordinance no. 91, the Insolvency Code. The Code gathers and amends all pre-insolvency and insolvency provisions in Romanian legislation relating to companies, groups of companies, credit institutions, insurance and reinsurance companies, as well as cross-border insolvency proceedings. It will enter into force on October 25, 2013 and will also apply to already ongoing insolvency proceedings.

    Filed under:
    Romania, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Debtor, Accounts receivable, Reinsurance
    Authors:
    Horia Draghici , Andrei Cristescu
    Location:
    Romania
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Changes to the laws on enforcement of claims in the Czech Republic
    2012-10-22

    The Czech Parliament passed an amendment to the Code of Civil Procedure (Act No. 99/1963 Coll., as amended) and the Act on Execution Procedure (Act No. 120/2001 Coll., as amended). Most of the provisions of the new legislation will be effective as of 1 January 2013. The amendment will, among other things, significantly modify the rules on enforcement of claims in the Czech Republic, as it changes some of the existing methods of enforcement under Czech law as well as introducing new ones.

    Filed under:
    Czech Republic, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Debtor, Accounts receivable, Deed, Capital punishment
    Authors:
    Pavla Krecková , Tomáš Matejovský
    Location:
    Czech Republic
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Impact of the recent changes in the German tax laws on debt to equity swaps
    2009-04-22

    Due to the ongoing financial crisis and the economic downturn accompanied therewith, many German companies are or will be struggling with default and insolvency problems.

    Filed under:
    Germany, Insolvency & Restructuring, Tax, White & Case LLP, Tax exemption, Shareholder, Accounts receivable, Interest, Taxable income, Swap (finance), Debt, Debt relief, Default (finance), Income-Tax Act 1961 (India)
    Location:
    Germany
    Firm:
    White & Case LLP

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 13
    • Page 14
    • Page 15
    • Page 16
    • Current page 17
    • Page 18
    • Page 19
    • Page 20
    • Page 21
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days