In a recent judgment, the Belgian Court of Cassation ruled that a secured creditor must renew the registration of its mortgage even after the opening of bankruptcy proceedings. Aside from its obvious significance for real estate security, the Court’s ruling may have wider implications for secured creditors and could potentially be interpreted to apply to other forms of security, including the registered movable assets pledge. Secured creditors should see this as a reminder to ensure that perfection requirements continue to be met, be it before or after insolvency.
1 2 Capital Market 9 Dispute Resolution 14 Fintech 19 Media and Entertainment 24 RERA 27 Sports and Gaming 39 White Collar Crime 03 Competition Law 11 Employment Law 17 International Trade/ WTO 19 MCA 25 Restructuring and Insolvency 34 Technology 40 3 EXTENSION OF TIMELINE FOR FORMULATION OF IMPLEMENTATION STANDARDS PERTAINING TO SEBI CIRCULAR ON “SAFER PARTICIPATION OF RETAIL INVESTORS IN ALGORITHMIC TRADING”1 Securities Exchange Board of India (“SEBI”) issued a circular “Safer participation of retail investors in algorithmic trading” dated February 04, 2025, which aimed at ensuring safer
MONTHLY NEWSLETTER SERIES APRIL, 2025 | VOL. XXIII VAISH ASSOCIATES ADVOCATES LEGALAXY WWW.VAISHLAW.COM LEGAL MAXIM Inter alia: “Among other things” MONTHLY NEWSLETTER SERIES APRIL, 2025 | VOL.
Effective debt recovery is crucial for businesses to maintain financial stability, and Poland provides a robust legal framework to help creditors recover owed funds efficiently. Whether you're a creditor pursuing payment or a debtor responding to claims, understanding Poland's debt recovery process is essential to navigating legal, pre-court, and enforcement proceedings successfully.
Con sentenza n. 3450 dell’11 gennaio 2025, la Suprema Corte di Cassazione ha chiarito, con un’interessante decisione, il concetto di “debito scaduto”, contestualizzandolo nella questione di diritto alla stessa presentata. Nello specifico, la Corte di Cassazione ha stabilito che si applichi la revocatoria fallimentare ex art. 67, comma 1, n. 4, L.F. (ora art.
As of December 2024, insolvencies in the real estate sector accounted for approximately 22% of admitted cases under the Insolvency and Bankruptcy Code, 2016 (“IBC”), making it second only to the manufacturing sector that accounted for 37% of admitted cases.[1] The high volume of insolvencies in the real estate sector, the imperative to protect homebuyer interests and specific challenges faced by this sector have resulted in several amendments focused specifically on the insolvency process for real
Following the High Court’s landmark case in 2023 where cryptocurrency was recognised by the Court as property and could form a subject matter of a trust, the High Court recently further clarified the trust relationship between exchanges and their customers. Non-Consenting Customers (NCCs) who did not accept the 2018 Terms and Conditions (T&C) were found to have a proprietary interest in their assets, giving them priority in the liquidation process. Conversely, customers who had agreed to the T&Cs were treated as unsecured creditors.
Ist der Vertragspartner insolvent, stellt sich die Frage nach der Einordnung der offenen Forderungen: Insolvenzforderung oder Masseverbindlichkeit?
Ob man Insolvenz- oder Massegläubiger ist, spielt vor allem wegen der fast immer unterschiedlichen Befriedigungsquote eine große Rolle: Insolvenzforderungen werden nur in Höhe der (meist geringen) Insolvenzquote bedient, während Masseverbindlichkeiten (häufig auch als Masseforderung bezeichnet) grundsätzlich in voller Höhe vorab aus der Insolvenzmasse befriedigt werden.
On December 31, 2024, the U.S. Court of Appeals for the Fifth Circuit issued its long-awaited decision regarding the permissibility of the Serta Simmons Bedding (Serta) uptier liability management exercise (the 2020 Uptier) and related issues arising from the confirmation of Serta’s chapter 11 plan of reorganization.
Introduction & Key Takeaways
The year 2024 ended with some major legal fireworks, as two important courts issued contrasting New Year’s Eve decisions on the validity of “uptier” liability management transactions that have played a large role in corporate debt restructurings for the past several years.