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    COVID-19 in Germany: Immediate Measures to Gain State Aid Financing (KfW Credit et al)
    2020-03-18

    The German government announced that it will expand the KfW financing programme.

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Latham & Watkins LLP
    Authors:
    Frank Grell , Jörn Kowalewski , Ulrich Klockenbrink
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    Neues Jahr, neues Recht: Neuerungen im SchKG
    2019-01-14

    Seit dem 1. Januar 2019 haben Schuldner bei Vorliegen bestimmter Voraussetzungen neu die Möglichkeit, mittels eines Gesuchs zu verlangen, dass ungerechtfertigte Betreibungen nicht auf dem Betreibungsregisterauszug ersichtlich sind. Neben dieser neuen Möglichkeit hat das Bundesgesetz über Schuldbetreibung und Konkurs (SchKG) zusätzliche kleinere Änderungen erfahren, welche in diesem Beitrag kurz aufgezeigt werden.

    Filed under:
    Germany, Banking, Company & Commercial, Insolvency & Restructuring, MLL Legal Ltd
    Authors:
    David Peter , Urs Boller
    Location:
    Germany
    Firm:
    MLL Legal Ltd
    Insolvency administrator's right to sell leased assets in Germany
    2018-11-06

    Background

    The German Insolvency Act says an insolvency administrator may sell a "moveable object" on which a right to separate satisfaction (Absonderungsrecht) exists if such object is in his possession. The right to separate satisfaction entitles creditors with such a right to be satisfied ahead of all other creditors from the proceeds of selling a separate pool of assets within the insolvent estate

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing, Federal Court of Justice
    Authors:
    Elena Chertkova
    Location:
    Germany
    Firm:
    Taylor Wessing
    German Federal Civil Court strengthens Leasing Receivables Securitisation, Factoring and Asset Based Lending in the Lessor’s Insolvency
    2018-04-19

    In Germany, securitization SPVs, factoring companies and asset based lenders take security over the leased assets owned by the leasing company by way of a security transfer of title. However, in all cases of a leasing company’s insolvency where the leasing company has still possession of the assets, the owner of the security in the leased assets was in the past not seen as being entitled to realise the value of the assets itself.

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Jens Rinze , Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    Insolvencies in Germany - New Avoidance Law in Force
    2017-04-11

    On 5 April 2017, an amendment to the German Insolvency Code (Insolvenzordnung – “InsO”) has come into force which provides for various changes to the avoidance rules and clawback laws in German insolvency proceedings.

    The major change affects the right of an insolvency administrator to challenge transactions for willful disadvantage (§ 133 InsO).

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    Court rejects 'halfway house' on security for costs
    2015-12-14

    In Erwood v Official Assignee [2015] NZCA 478 an application was made to review a decision declining to dispense with security for costs.  The applicant, Mr Erwood, argued that he had demonstrated impecuniosity, and that the Registrar had erred in finding to the contrary.

    Mr Erwood held nearly $800,000 on deposit with a bank. His account had been frozen by the bank on the basis that Mr Erwood lacked the capacity to give the bank authority for the account.  The bank had formed this view on information provided to them by Mr Erwood.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay
    Authors:
    Sherridan Cook , Scott Barker
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Voidable transactions in New Zealand - where to from here?
    2016-03-29

    The majority expressly noted that, had they not felt bound by the Supreme Court’s interpretation, they would have agreed with the minority and required the investor to pay back not just the fictional profits, but also the profits of his capital investment.

    We look at the reverberations last year from Fences & Kerbs and speculate on their continuing effect this year.

    Case volume

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Chapman Tripp
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Consultation paper on insurance solvency standards
    2013-02-13

    The Reserve Bank has published a consultation paper on insurance solvency standards: the quality of capital and regulatory treatment of financial reinsurance. The paper outlines the attributes the Reserve Bank expects to see in regulatory capital instruments, such as permanence and the ability to absorb losses, and proposes consequential clarifications to the solvency standards to reflect these expectations.

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Insurance, Russell McVeagh, Reinsurance, Capital requirement
    Authors:
    Guy Lethbridge , Deemple Budhia
    Location:
    New Zealand
    Firm:
    Russell McVeagh
    PPSA priority set by date of registration, not perfection
    2012-10-04

    The Court of Appeal has reversed the High Court’s decision in Healy Holmberg Trading Partnership v Grant on a PPSA issue it describes as being of “practical significance”. 

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Chapman Tripp, Secured creditor
    Authors:
    Michael Arthur , Michael Harper , Bruce Scott , Geoff Carter
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Court confirms subordination agreement trumps PPSR registration
    2012-08-07

    In Gibbston Downs Wines Limited and RFD Finance No 2 Limited v Perpetual Trust Limited HC Christchurch CIV-2010-409-00176 28 May 2012, the High Court considered the effect of registration of a subordination agreement on the respective priority of two perfected security interests registered on the Personal Properties Securities Register (PPSR).

    Filed under:
    New Zealand, Banking, Insolvency & Restructuring, Litigation, Buddle Findlay
    Location:
    New Zealand
    Firm:
    Buddle Findlay

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