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    The limitation of set-off rights in liquidation
    2017-07-05

    In the recent case of Hamersley Iron Pty Ltd v Forge Group Power Pty Ltd (in liquidation) (receivers and managers appointed)[1], the Western Australian Supreme Court has confirmed that the grant of a security interest under the Personal Property Securities Act 2009 (PPSA) by a company to a third party will likely render any rights of set-off enjoyed by the company’s contractual counterparties worthless where the company subs

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Scott Harris , James Hewer
    Location:
    Australia
    Firm:
    Hogan Lovells
    Group companies and the avoiding of subpoenas in terms of sections 417 and 418 of Act 61 of 1973
    2014-04-30

    An interesting judgment was delivered by the Honourable J Majiki on 19 of November 2013 in the Eastern Cape High Court, Port Elizabeth. The first and second applicants under case 3521/2012 were ABSA Bank Limited and Maria Ramos respectively.

    Filed under:
    South Africa, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells, Liquidation
    Authors:
    Keith Braatvedt
    Location:
    South Africa
    Firm:
    Hogan Lovells
    2017 Singapore Insolvency and Restructuring Reforms
    2017-06-20

     

    June 2017

    Contents

    Introduction 1. Better accessibility to Singapore's corporate rescue and restructuring framework for foreign companies 2.Chapter 11 style - Rescue financing / DIP financing 3.Enhanced moratoriums with extra territorial effect 4.Increased disclosure, cram-downs and pre-packs 5. The adoption of UNCITRAL Model Law Conclusion Your contacts

    1

    2 3 4 6 8 1 1

    2017 Singapore Insolvency and Restructuring Reforms June 2017

    1

    Introduction

    Filed under:
    Global, Singapore, USA, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells, UNCITRAL
    Location:
    Global, Singapore, USA
    Firm:
    Hogan Lovells
    Investment bank/broker-dealer insolvencies
    2008-09-23

    In light of the recent Chapter 11 bankruptcy filing by Lehman Brothers Holdings Inc. and the subsequent determination of the Securities Investor Protection Corporation (SIPC) to commence a proceeding placing Lehman Brothers Inc.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Hogan Lovells, Bankruptcy, Debtor, Security (finance), Swap (finance), Margin (finance), Debt, Investment banking, Liquidation, Broker-dealer, Liquidator (law), Securities Exchange Act 1934 (USA), Title 11 of the US Code, US Securities and Exchange Commission, Lehman Brothers, Securities Investor Protection Corporation
    Location:
    USA
    Firm:
    Hogan Lovells
    New South Wales Court of Appeal upholds Boart Longyear scheme classes decision
    2017-06-13

    In one of the most significant decisions relating to schemes of arrangement in Australia in recent years, the New South Wales Court of Appeal has dismissed an appeal challenging the composition of classes of creditors in the Boart Longyear restructuring.

    Filed under:
    Australia, New South Wales, Banking, Insolvency & Restructuring, Hogan Lovells, New South Wales Court of Appeal
    Authors:
    Scott Harris , James Hewer
    Location:
    Australia
    Firm:
    Hogan Lovells
    Foreign-based Companies Considering a U.S. Chapter 11: What You Need To Know
    2017-06-05

    Hogan Lovells partners Chris Donoho and Ron Silverman spoke to DebtWire Radio about current issues concerning cross-border restructurings. They addressed the factors that prompt foreign-based companies to avail themselves of the U.S. Bankruptcy Code in lieu of local insolvency proceedings. They also talked about the hurdles that such companies must overcome to secure a U.S. court’s administration of their Chapter 11 cases.

    How does U.S. Chapter 11 law differ from other foreign insolvency regimes around the world?

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells
    Authors:
    Christopher R. Donoho III , Ronald Silverman
    Location:
    USA
    Firm:
    Hogan Lovells
    Financial Institutions Horizons 2021
    2020-12-16

    We are delighted to share with you our Financial Institutions Horizons 2021, which provides a snapshot of key legal topics and market trends across the globe, shaping the future of the financial institutions market.

    Filed under:
    European Union, Germany, Netherlands, United Kingdom, USA, Banking, Insolvency & Restructuring, Public, Trade & Customs, Hogan Lovells, Brexit, Libor, Sanctions, ESG, Cybersecurity, Coronavirus, European Commission
    Location:
    European Union, Germany, Netherlands, United Kingdom, USA
    Firm:
    Hogan Lovells
    Third Circuit enforces make-whole premium for secured lenders in Energy Future Holdings bankruptcy
    2017-05-04

    Bond indentures and loan agreements often include make-whole provisions to provide protection to lenders and investors in the event of debt repayment prior to maturity. Make-whole provisions work to compensate the investor/lender for any future interest lost when the issuer/borrower repays the note prior to a specific date.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells, Third Circuit
    Authors:
    Robin E. Keller , Ronald Silverman , John D. Beck
    Location:
    USA
    Firm:
    Hogan Lovells
    Securitisation 2020: U.K. Law and Practice
    2020-05-20

    Our note provides a high-level guide to securitisation transactions under English law. Written in partnership with Chambers and Partners, it forms the UK-focused section of the Chambers and Partners Global Practice Guide: Securitisation 2020.

    This general guide discusses a broad range of topics to provide a helpful overview to those that are looking at a first time securitisation. It also provides guidance on a number of more detailed points to assist with those more experienced in securitisations, including recently regulatory development.

    Filed under:
    United Kingdom, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Securitization & Structured Finance, Tax, Hogan Lovells, Value added tax, Coronavirus
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Expect the unexpected: The year ahead for the Financial Institutions Sector
    2017-01-13

    Expect the unexpected: The year ahead for the Financial Institutions Sector 1 Expect the unexpected: The year ahead for the Financial Institutions Sector 1 2 Hogan Lovells Expect the unexpected: The year ahead for the Financial Institutions Sector January 2017 3 Introduction 4 Rachel Kent and Emily Reid At a glance: Calendar of key events 6 Year ahead: Key features 8 FinTech: The future is now 10 PSD2: Getting ahead of the competition?

    Filed under:
    European Union, United Kingdom, USA, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Insurance, IT & Data Protection, Litigation, Real Estate, White Collar Crime, Hogan Lovells, MiFID, GDPR
    Location:
    European Union, United Kingdom, USA
    Firm:
    Hogan Lovells

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