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    Debt Collection Series-1: Interim Attachment Order Against Debtors in Turkey
    2021-06-10

    Interim attachment is a provisional remedy under the Enforcement and Bankruptcy Law No. 2004 [ the “EBL” ] which individuals or legal entities can request for their monetary claims. Thanks to this institution, the debtor’s assets could be frozen to secure due yet unsecured debts, and as a result, the debtor would be forced to pay its debt. 

    3 [three] conditions must be in place to get an interim attachment – these are: 

    1- A monetary claim must be in question

    Filed under:
    Turkey, Banking, Insolvency & Restructuring, Litigation, Güleryüz Partners
    Authors:
    Tarık Güleryüz , Barış Ülker
    Location:
    Turkey
    Firm:
    Güleryüz Partners
    Non-Performing Corporate Loan Toolkit for Banks
    2023-02-08

    Non-Performing Corporate Loan Toolkit for Banks

    “To the man with a hammer, every problem looks like a nail.”

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, WongPartnership – Restructuring & Insolvency, Insolvency
    Location:
    Singapore
    Firm:
    WongPartnership – Restructuring & Insolvency
    Austrian Supreme Court clarifies bank deposit guarantee scheme
    2023-02-08

    Background

    Under the deposit guarantee scheme, deposits with Austrian banks are generally protected on a bank's insolvency, up to EUR 100,000. This sum may be higher in certain cases, for example, for sums deposited from the sale of a private residential property within 12 months before the insolvency, the guaranteed amount is EUR 500,000.

    Filed under:
    Austria, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing
    Authors:
    Susanne Fruhstorfer , Andreas Howadt
    Location:
    Austria
    Firm:
    Taylor Wessing
    New York Department of Financial Services Issues Guidance on Cryptoasset Custody in Wake of Recent High-Profile Bankruptcies
    2023-02-07

    Demand for virtual currency services, including custody services, has soared in the past several years. Like their counterparts in traditional finance, these custodians are stewards of retail and institutional customer funds and serve an important and valuable function. However, as evidenced by a number of headline-grabbing failures during the lingering crypto winter, inadequate disclosures and poor custodial practices can seriously harm retail and institutional customers alike.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, IT & Data Protection, Proskauer Rose LLP, Blockchain, Cryptocurrency, Virtual currency, Insolvency, US Securities and Exchange Commission, FTX
    Authors:
    Timothy Q Karcher
    Location:
    USA
    Firm:
    Proskauer Rose LLP
    Under the NCC, money borrowed for residential property purposes must be for the borrower’s sole use
    2023-02-06

    MAG Financial and Investment Ventures Pty Ltd v El-Saafin [2022] VSCA 286

    The Victorian Court of Appeal has recently held that credit provided under the National Credit Code (“the NCC”) to purchase, renovate or improve residential property for investment purposes is restricted to the immediate use of the debtor.

    Filed under:
    Australia, Victoria, Banking, Insolvency & Restructuring, Litigation, Real Estate, The Commercial Bar Association of Victoria
    Authors:
    Christopher A Connor
    Location:
    Australia
    Firm:
    The Commercial Bar Association of Victoria
    New emergency rules: debtors can keep trading during insolvency
    2023-02-07

    Emergency legislation has introduced important changes to Hungarian insolvency laws that allow the debtor’s business to keep trading during insolvency.

    The new rules apply to those debtors who are considered strategically important to the Hungarian economy and to those whose insolvency is declared under other emergency rules.

    Filed under:
    Hungary, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Insolvency
    Authors:
    Erika Papp , Szabina Soptei
    Location:
    Hungary
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    11th Circuit Holds No Modification for Principal Residence Mortgage in Bankruptcy
    2023-02-02

    In the United States Court of Appeals for the Eleventh Circuit’s (“the Court”) recently issued decision In re Bozeman, 2023 U.S. App. LEXIS 545 (11th Cir., Jan. 10, 2023, No. 21-10987), the Court struck a decisive victory in favor of Mortgage lenders’ rights, holding that in a battle for supremacy between anti-modification protections and a court-confirmed bankruptcy plan, a lender’s rights will always prevail as the victor.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Riker Danzig LLP, Eleventh Circuit
    Authors:
    Michael R. O’Donnell , Kori Pruett
    Location:
    USA
    Firm:
    Riker Danzig LLP
    IBBI prescribes fee structure for insolvency professionals
    2023-02-03

    IBBIによる管財人の報酬体系規定

    2016年破産倒産法の下、管財人または暫定管財人(総称してRP)は、企業債務者の事業を継続企業として運営し、企業倒産解決プロセス(CIRP)を実施する責任を負います。また、RPは、CIRP が期限内に実施され、企業債務者の資産価値が最大化されるように努める必要があります。

    Filed under:
    India, Banking, Insolvency & Restructuring, Acuity Law
    Authors:
    Altamash Qureshi , Souvik Ganguly , Shrishti Mishra , Akhil K Ramesh
    Location:
    India
    Firm:
    Acuity Law
    Court of Appeal summaries (may 31 - June 4)
    2021-06-06

    Good afternoon.

    Following are this week’s summaries of the Court of Appeal for Ontario for the week of May 31, 2021.

    Filed under:
    Canada, Ontario, Banking, Construction, Family, Insolvency & Restructuring, Litigation, Professional Negligence, Blaney McMurtry LLP, Unilever, UK Supreme Court
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    PPSA: extension of time to register
    2021-06-02

    The last 12 months has seen a number of court applications being made for extensions of time to register a security interest under s293 of the Personal Property Securities Act 2009 (Cth) (PPSA) and/or s588FM of the Corporations Act 2001 (Cth), to avoid collateral vesting in the grantor upon an insolvency event.

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Gadens, Corporations Act 2001 (Australia)
    Location:
    Australia
    Firm:
    Gadens

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