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    The Paycheck Protection Program and Bankruptcy
    2020-07-16

    The COVID-19 pandemic has heavily disrupted our lives, communities, and businesses. Even with new approaches, not all businesses can overcome the substantial challenges brought by the pandemic. Lending programs like the Paycheck Protection Program have brought temporary relief, but many small businesses remain exposed to financial difficulties and face a real risk of bankruptcy.

    New Small Business Provisions in Bankruptcy Code

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Vinson & Elkins LLP, Coronavirus, Paycheck Protection Program, CARES Act 2020 (USA)
    Authors:
    Steven M. Abramowitz , Jessica C. Peet , David S. Meyer , William L. Wallander , Paul E. Heath , Harry A. Perrin , Adrianne L. Goins , Brittany A. Sakowitz , George R. Howard
    Location:
    USA
    Firm:
    Vinson & Elkins LLP
    Sixth Circuit Rules that Monthly 401(k) Contributions can be Excluded from “Projected Disposable Income” Under a Chapter 13 Plan
    2020-07-09

    A Chapter 13 bankruptcy plan requires a debtor to satisfy unsecured debts by paying all “projected disposable income” to unsecured creditors over a five-year period. In a recent case before the U.S.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Foster Swift Collins & Smith PC, Bankruptcy, Title 11 of the US Code, Sixth Circuit
    Authors:
    Patricia J. Scott
    Location:
    USA
    Firm:
    Foster Swift Collins & Smith PC
    Medidas urgentes para apoyar la reactivación económica
    2020-07-07

    Se ha publicado en el BOE un nuevo Real Decreto-ley (el 25/2020), con medidas urgentes destinadas a preservar el tejido productivo y apoyar la reactivación económica y el empleo.

    Destacamos a continuación las principales novedades:

    1. Medidas de apoyo a la inversión y a la solvencia

    Se aprueba una nueva línea de avales ICO por importe de hasta un máximo de 40.000 millones de euros para

    financiar inversiones productivas (a diferencia de las anteriores líneas, que estaban destinadas solucionar

    problemas de liquidez).

    Filed under:
    Spain, Banking, Company & Commercial, Insolvency & Restructuring, Leisure & Tourism, Linklaters LLP
    Location:
    Spain
    Firm:
    Linklaters LLP
    Spain - Emergency measures to support economic recovery
    2020-07-07

    The Spanish government has announced emergency measures aimed at protecting businesses and supporting economic recovery and employment in the country.

    We highlight the main measures in the decree (RDL 25/2020) below:

    1. Support for investment and solvency

     State-backed guarantees for new investments

    A further €40 billion of guarantees from Spain’s financial agency (ICO) are made available to finance productive

    investment (unlike previous guarantees, aimed to be liquidity buffers).

    Filed under:
    Spain, USA, Banking, Company & Commercial, Insolvency & Restructuring, Leisure & Tourism, Linklaters LLP, Board of directors, Coronavirus
    Location:
    Spain, USA
    Firm:
    Linklaters LLP
    The Corporate Insolvency and Governance Act 2020 and Aircraft Finance - Part 3
    2020-07-07

    The UK has introduced a new restructuring tool, the Restructuring Plan, which when coupled with other provisions of the new law creates the possibility of the management of a company in financial difficulty remaining in control of a process designed to turn the company around as a going concern whilst in many cases having the benefit of a moratorium. Sounds a little like Chapter 11 in the US?

    We examine whether the Restructuring Plan will offer aviation companies in the UK (and elsewhere?) a potential route to deal with the difficulties caused by the COVID-19 pandemic.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Corporate governance
    Authors:
    Keith Wilson , Gwen Edwards , Neha Arora
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    The Restructuring Moratorium - A lender's Q&A
    2020-07-06

    Questions and answers on the effect of the part A1 moratorium to be introduced by the Corporate Insolvency and Governance Act 2020 from a Lender's perspective.

    The Corporate Insolvency and Governance Act 2020 (CIGA) was enacted on 26 June 2020 and includes measures both as a response to COVID-19, which apply temporarily, and measures which apply permanently, part of a long-planned package of insolvency reform measures.

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Addleshaw Goddard LLP, Coronavirus
    Authors:
    Andy Bates , Emma Sadler
    Location:
    United Kingdom
    Firm:
    Addleshaw Goddard LLP
    COURT OF APPEAL SUMMARIES (June 29 - July 3, 2020)
    2020-07-07

    Good afternoon.

    Following are our summaries of last week’s civil decisions of the Court of Appeal for Ontario. Not surprisingly, it was a light week.

    Filed under:
    Canada, Banking, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Media & Entertainment, Projects & Procurement, Blaney McMurtry LLP
    Authors:
    John Polyzogopoulos
    Location:
    Canada
    Firm:
    Blaney McMurtry LLP
    Insolvency: The corporate insolvency and governance act 2020 and how it affects the construction industry
    2020-07-03

    The (the CIG Act) received Royal Assent on 25 June 2020 and effects wide ranging changes.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG
    Authors:
    Cathy Moore
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Key reforms to support Micro, Small and Medium Enterprises as a response to Covid-19 and the economic crisis
    2020-07-01

    The Government of India has introduced a slew of legislative, regulatory and financial measures to support the MSME sector amidst the financial crisis created by the COVID-19 pandemic.

    Background

    The Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act) provides a raft of protections and incentives for micro, small and medium enterprises (MSMEs).

    Filed under:
    India, Banking, Insolvency & Restructuring, Public, Trilegal, Coronavirus
    Location:
    India
    Firm:
    Trilegal
    Contemnor sentenced to 18 months imprisonment for breach of freezing injunction in fraud action by company in liquidation - Rory Brown
    2020-07-01

    Yuzu v Selvathiraviam [2020] EWHC 1539 (Ch) and Yuzu v Selvathiraviam [2020] EWHC 1694 (Ch)

    Further to his findings in an earlier judgment that Mr Selvathiraviam (‘R’) had deliberately breached the asset disclosure provisions in a freezing injunction, Mann J imposed an 18 month sentence on R, unconditionally suspended for 21 days. He commented as follows:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, 9 Stone Buildings, Coronavirus
    Authors:
    Rory Brown
    Location:
    United Kingdom
    Firm:
    9 Stone Buildings

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