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    Impact of COVID-19 on Insolvency Laws:
    2021-05-06

    squirepattonboggs.com 014-5095-0428/15/EUROPE Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 26 April 2021 squirepattonboggs.com squirepattonboggs.com Contents Around the globe, our lawyers are receiving a large number of enquiries about mitigating the impact of the coronavirus disease 2019 (COVID-19) on companies' business operations and finances. Governments in several countries have reacted quickly to try to mitigate COVID-19's impact by changing or amending their insolvency laws.

    Filed under:
    Global, Banking, Insolvency & Restructuring, Tax, Squire Patton Boggs, Due diligence, State aid, Coronavirus, Commercial tenant, Paycheck Protection Program, Corporations Act 2001 (Australia), CARES Act 2020 (USA), HM Revenue and Customs (UK), Small Business Administration (USA)
    Location:
    Global
    Firm:
    Squire Patton Boggs
    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
    DIP Carve-out for Creditors’ Committee Compensation: Not a Cap upon Confirmation
    2017-02-22

    Recently, the United States Bankruptcy Court for the District of Delaware held that a carve-out provision in a DIP financing order did not act as an absolute limit on the fees and expenses payable to the professionals retained by an unsecured creditors’ committee (the “Committee”). Rather, in In re Molycorp, Inc., 562 B.R. 67 (Bankr. D. Del.

    Filed under:
    USA, Delaware, Banking, Insolvency & Restructuring, Litigation, Squire Patton Boggs, US District Court for District of Delaware
    Authors:
    Andrew M. Simon
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Banks and Bitcoin exchanges
    2015-06-29

    This is the fifth post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.  We have concluded that a hypothetical U.S.-based bitcoin exchange likely would not constitute a stockbroker or a 

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Securitized loan payments safe harbored under section 546(e)
    2015-05-14

    The U.S. Bankruptcy Court for the Northern District of Illinois recently held in Krol v.

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Safe harbor (law), United States bankruptcy court
    Authors:
    Debora Hoehne
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    UK Court of Appeal judgment in Lehman Waterfall I appeal
    2015-05-14

    The Court of Appeal in London today gave judgment in the Waterfall I Appeal, a dispute as to the distribution of the estimated £7 billion surplus of assets in the main Lehman operating company in Europe, Lehman Brothers International (Europe) (LBIE).

    LBIE entered administration on 15 September 2008 and has now paid its unsecured creditors 100p for every £1 owed.  The Waterfall I Appeal addressed some of the key issues as to who should receive the surplus, which we discuss below.

    Currency Conversion Claims

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
    Authors:
    Mark Lawford
    Location:
    United Kingdom
    Firm:
    Weil Gotshal & Manges LLP
    Could a Bitcoin exchange be a commodity broker?
    2015-02-02

    This is the fourth post in our Bitcoin Bankruptcy series on the Weil Bankruptcy Blog.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Internet & Social Media, Weil Gotshal & Manges LLP, Bankruptcy, Bitcoin, Commodity broker
    Authors:
    Scott Bowling
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Major banks take action to facilitate cross-border resolution efforts by agreeing to sign ISDA Resolution Stay Protocol
    2014-10-14

    This past Saturday, October 11, 2014, marked an important day in the too-big-too-fail regulatory and industry initiative. The International Swaps and Derivatives Association, Inc. (ISDA) announced on Saturday that 18 major global banks (G-18) have agreed to sign a new ISDA Resolution Stay Protocol, developed in coordination with the Financial Stability Board, to support cross-border resolution and reduce systemic risk.

    Filed under:
    Global, USA, Banking, Derivatives, Insolvency & Restructuring, Weil Gotshal & Manges LLP, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Financial Stability Board, Federal Deposit Insurance Corporation (USA), International Swaps and Derivatives Association
    Location:
    Global, USA
    Firm:
    Weil Gotshal & Manges LLP
    Interview with Bridget Marsh, Deputy General Counsel of the LSTA on Meridian Sunrise Village
    2014-09-22

    We previously covered the Meridian Sunrise Village case on the Bankruptcy Blog here.

    Filed under:
    USA, Washington, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, General counsel
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP
    Momentous decision in Momentive Performance Materials: cramdown of secured creditors – Part II
    2014-09-10

    On August 26, 2014, Judge Drain concluded the confirmation hearing in Momentive Performance Materials and issued several bench rulings on cramdown interest rates, the availability of a make-whole premium, third party releases, and the extent of the subordination of senior subordinated noteholders.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Title 11 of the US Code
    Authors:
    David Nigel Griffiths
    Location:
    USA
    Firm:
    Weil Gotshal & Manges LLP

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