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    UK Jurisdiction Taskforce Concludes Digital Assets Compatible With English Insolvency Law
    2024-05-03

    The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Latham & Watkins LLP, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Bruce Bell , Stuart Davis , Gabriel Lakeman , Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    The extent of, and the limits to, the definition of ‘Secured Property’
    2024-05-02

    In the decision in Woodhouse, in the matter of Panoramic Resources Limited [2024] FCA 449, handed down this week (1 May 2024) by Feutrill J, the Federal Court of Australia considered the meaning of ‘Secured Property ‘as defined in a specific security deed and the extent to which phrases such as ‘…in respect of’ could expand the types of collateral the subject of that defined term (and hence the collateral the subject of the specific security d

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Insolvency
    Authors:
    Orla McCoy , Tom Gardner , Dom McGreal , Anna Schwartz
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    A-Z of banking and finance: J is for junior debt
    2024-03-21

    Junior debt – sometimes referred to as subordinated debt, occasionally talked about as mezzanine debt – is referred to as such because it ranks behind other, more senior, debt owing by the same borrower. Junior creditors can come in many different shapes and sizes and can include shareholder lenders and specialist debt investors or funds.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Stevens & Bolton LLP
    Authors:
    Matthew Padian , Daniel Fournier
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Getting over the starting line: How multi-entity organizational structures can become a barrier to Chapter 15 relief
    2024-03-27

    Chapter 15 of the Bankruptcy Code provides a valuable tool for non-US entities going through foreign insolvency proceedings when they have assets located in the United States. Chapter 15 can protect the value of US assets by granting a stay of actions against those assets during the concurrent administration of a complementary US insolvency process with that of the original foreign insolvency proceeding.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Bankruptcy, Federal Deposit Insurance Corporation (USA), Silicon Valley Bank, Chapter 15, US Bankruptcy Code
    Authors:
    Renée M. Dailey , Nathaniel T. DeLoatch , Michael A. Rogers
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    Steuerfreier Schuldenerlass im Rahmen der unternehmensbezogenen Sanierung
    2024-04-08

    Die Anforderungen der Finanzverwaltung an die Steuerfreiheit von unternehmensbezogenen Sanierungen steigen in der Praxis.

    Filed under:
    European Union, Germany, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, CMS Germany
    Authors:
    Jörg Schrade , Christian Linseisen Dipl.-Kfm. , Dr. Alexandra Schluck-Amend
    Location:
    European Union, Germany
    Firm:
    CMS Germany
    UK Special Insolvency Regime for Payment and Electronic Money Institutions prioritises return of customer funds
    2024-04-08

    A special administration regime for Payment and Electronic Money Institutions (PIs and EMIs) was established in The Payment and Electronic Money Institution Insolvency Regulations 2021 (the Regulations).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Taylor Wessing, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Kirsten Fulton-Fleming , Charlotte Witherington
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK Special Insolvency Regime for Payment and Electronic Money Institutions prioritises return of customer funds
    2024-04-08

    A special administration regime for Payment and Electronic Money Institutions (PIs and EMIs) was established in The Payment and Electronic Money Institution Insolvency Regulations 2021 (the Regulations).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Taylor Wessing, Insolvency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK)
    Authors:
    Kirsten Fulton-Fleming , Charlotte Witherington
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    The Interplay of Cryptocurrency with Insolvency Law: Singapore High Court clarifies that cryptocurrency liabilities are a debt under the Insolvency, Restructuring, and Dissolution Act 2018
    2024-03-08

    Introduction

    Filed under:
    Singapore, Banking, Compliance Management, Insolvency & Restructuring, IT & Data Protection, Litigation, Oon & Bazul LLP, Blockchain, Cryptocurrency, Non-fungible tokens, Insolvency, Singapore High Court
    Authors:
    Bazul Ashhab , Lionel Chan
    Location:
    Singapore
    Firm:
    Oon & Bazul LLP
    Court Rules That Financed Residential Solar System Is a Consumer Good, Not a Fixture
    2024-03-11

    Whether a solar system is a “fixture” sounds like a mundane legal issue – but it has significant implications for the residential solar industry and for the financing of residential solar systems. If a system is regarded as a “fixture” of the house to which it is attached, then the enforceability and priority of the finance company’s lien on the system will be subject to applicable real estate law.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bradley Arant Boult Cummings LLP, Uniform Commercial Code (USA)
    Authors:
    Jay Bender , Monica Wilson , R. Aaron Chastain , Britney M. Crawford
    Location:
    USA
    Firm:
    Bradley Arant Boult Cummings LLP
    SVB Cayman Branch Denied Chapter 15 Recognition
    2024-03-08

    According to a February 22 ruling by the Bankruptcy Court for the Southern District of New York, foreign banks with a U.S. branch or agency are ineligible for Chapter 15 recognition.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Akerman LLP, Federal Deposit Insurance Corporation (USA), Silicon Valley Bank
    Authors:
    R. Adam Swick , Laura Taveras
    Location:
    USA
    Firm:
    Akerman LLP

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