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    Restructuring update - Belgian government imposes temporary statutory moratorium on creditors’ rights
    2020-04-24

    Belgium has already taken numerous measures to mitigate the economic impact of the coronavirus (COVID-19). The federal government has now also decided temporarily to protect debtors affected by the coronavirus crisis from creditors by imposing a stay on creditors’ right of creditors to enforce debts, terminate or dissolve existing agreements early and initiate bankruptcy proceedings.

    Filed under:
    Belgium, Banking, Insolvency & Restructuring, Loyens & Loeff, Moratorium, Creditors' rights, Coronavirus
    Authors:
    Marc Vermylen , Koen Panis , Vanessa Marquette , Jens De Winne , Mathias Diricx , Ruben Baeb
    Location:
    Belgium
    Firm:
    Loyens & Loeff
    NCUA Temporarily Modifies Regulatory Requirements Due to COVID-19 Pandemic
    2020-04-23

    Pursuant to the Federal Credit Union Act, the National Credit Union Administration issued a temporary final rule on April 21, easing regulatory requirements to assist federal credit unions (“FCUs”) and federally insured credit unions (“FICUs”) during the coronavirus (“COVID-19”) pandemic. The rule makes the following key changes that will be effective through December 31, 2020:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Troutman Pepper, Coronavirus
    Authors:
    Nick Ramos , Siran S. Faulders
    Location:
    USA
    Firm:
    Troutman Pepper
    New SBA Guidance: Private Equity Eligibility, Debtors in Bankruptcy, and a Safe Harbor
    2020-04-24

    Shortly after the passage of a bill injecting an additional $310 billion into the Small Business Administration’s Paycheck Protection Program, the SBA has issued another supplemental Interim Final Rule (IFR) providing new guidance on several issues, including eligibility for hedge funds, private equity firms and portfolio companies, and has also answered questions about businesses in bankruptcy proceedings.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Bracewell LLP, Private equity, Hedge funds
    Authors:
    Rachel B. Goldman , David J. Ball , Thomas F. Kokalas
    Location:
    USA
    Firm:
    Bracewell LLP
    Winding down business operations in Slovenia
    2020-04-23

    Slimming down a company, corporate and financial restructuring will be on minds of many managers and company owners in the coming months.

    In practice, when deciding to wind down a company, often a decision needs to be made whether to trigger a regular wind-down (likvidacija), a fast-track wind-down (prenehanje družbe po skrajšanem postopku) or a bankruptcy proceeding (stečaj). The main goal usually is to close down the company with less cost and no liability for the shareholder or the management.

    1. What to address first

    Filed under:
    Slovenia, Banking, Company & Commercial, Insolvency & Restructuring, CMS Reich-Rohrwig Hainz
    Location:
    Slovenia
    Firm:
    CMS Reich-Rohrwig Hainz
    Busy lenders' monthly round-up - April 2020
    2020-04-23

    The latest news and developments in retail mortgage lending and regulation.

    This month in summary:

    News

    Government updates on the pandemic

    There have been a number of updates that will affect lenders in respect of the pandemic. The key stories are:

    Filed under:
    United Kingdom, Scotland, Northern Ireland, Banking, Insolvency & Restructuring, Litigation, TLT LLP, Libor, Landlord, Coronavirus
    Authors:
    Deborah Sheldon
    Location:
    United Kingdom
    Firm:
    TLT LLP
    COVID-19: When a bank loan restructure may not be a troubled debt restructuring (revised)
    2020-04-23

    Since our March 2020 blog post, the Federal banking and credit union regulators (FRB, FDIC, NCUA, OCC and CFPB) (collectively, the “Agencies”) published revised guidance clarifying the relationship between the March 22, 2020 Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (“March Guid

    Filed under:
    USA, Banking, Insolvency & Restructuring, Thompson Coburn LLP, Coronavirus, CARES Act 2020 (USA)
    Authors:
    John Manning, V , Sarah Wade , Garrett M. Fischer
    Location:
    USA
    Firm:
    Thompson Coburn LLP
    Banking regulation Q&A: recovery, resolution and liquidation
    2020-04-23

    The banking regulation Q&A series provides a comprehensive overview of the rules governing the banking sector in Luxembourg. Today's chapter focuses on recovery, resolution and liquidation.

    What options are available where banks are failing in your jurisdiction?

    Filed under:
    Luxembourg, Banking, Insolvency & Restructuring, Loyens & Loeff, Corporate governance
    Authors:
    Michael Schweiger , Adrien Pierre
    Location:
    Luxembourg
    Firm:
    Loyens & Loeff
    District Court Holds CRAs Not Obligated To Determine Legal Status of Debt
    2020-04-22

    Earlier this month, in Davis v. Carrington Mortgage Services, LLC, et al., the United States District Court for the District of Nevada held that consumer reporting agencies are not obligated to determine the legal status of debts. The Court also reinforced the plausible pleading standard for Fair Credit Reporting Act cases, while providing an overview of CRAs’ obligations under the act.

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Troutman Pepper
    Authors:
    Keaton Stoneking , Ethan G. Ostroff
    Location:
    USA
    Firm:
    Troutman Pepper
    What Landlords and Property Managers in New York Need to Know as the Pandemic Continues
    2020-04-22

    As April rent came due, we armed you with what New York landlords and property managers need to know to formulate their business strategy. (Click here to see Part 1.) Payment of rent on April 1 turned out to be a mixed bag, with some properties experiencing a high level of payment or partial payment and some not. Payment of May rent is expected to be worse than April.

    In this Part 2, we update you as the pandemic continues.

    Filed under:
    USA, New York, Banking, Insolvency & Restructuring, Real Estate, Venable LLP, Landlord, Donald Trump, Coronavirus, Commercial tenant, US Senate, US House of Representatives, CARES Act 2020 (USA)
    Authors:
    Caroline Petro Gately , Patrice D. Stavile
    Location:
    USA
    Firm:
    Venable LLP
    Debt recovery: How to avoid protracted Court proceedings
    2020-04-22

    Stephenson Harwood’s Middle East team provide top tips on how to quickly recover debt in the UAE.

    The strategy we set out in this bulletin is intended to crystallise the debt in the eyes of the national courts of the UAE making recovery of the debt quicker than it otherwise might be.

    Issue letters of demand

    Filed under:
    Middle East, United Arab Emirates, Banking, Insolvency & Restructuring, Stephenson Harwood LLP, Coronavirus
    Authors:
    James Willn , Michael Hartley , Omar Khattab , Ranna Musa
    Location:
    Middle East, United Arab Emirates
    Firm:
    Stephenson Harwood LLP

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