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    COVID-19: Managing Financial Difficulties in the United Arab Emirates
    2020-03-24

    Understanding bankruptcy laws in the UAE and DIFC in the context of COVID-19-related financial pressures.

    Filed under:
    United Arab Emirates, DIFC, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy
    Location:
    United Arab Emirates
    Firm:
    Latham & Watkins LLP
    District court reverses bankruptcy court’s decision in TOUSA
    2011-03-15

    3V Capital Master Fund LTD. v. Official Comm. of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2011 U.S. Dist. LEXIS 14019 (S.D. Fla. Feb. 11, 2011).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Surety, Debtor, Unsecured debt, Breach of contract, Interest, Debt, Subsidiary, Secured loan, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, US District Court for Southern District of Florida
    Authors:
    Mitchell A. Seider , Melinda C. Franek , Emily B. Menchel
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Italy significantly amends debt restructuring and bankruptcy proceedings
    2015-09-23

    Material changes to the Italian bankruptcy law will likely result in increased interest of investors in the distressed market.

    The Italian legislators passed significant amendments to the legal framework applicable to debt restructurings and bankruptcy proceedings with law decree No. 82/2015, subsequently converted, with amendments, in law No. 192/2015 (Law 192).

    Filed under:
    Italy, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Debt restructuring
    Authors:
    Andrea Novarese
    Location:
    Italy
    Firm:
    Latham & Watkins LLP
    Beware of creditors bearing gifts: the Second Circuit’s recent decision in In re: DBSD North America, Inc. casts significant doubt on “gift” plans
    2011-02-28

    On February 7, 2011 the United States Court of Appeals for the Second Circuit issued its eagerly awaited opinion in the consolidated appealIn re: DBSD North America, Inc., Docket Nos. 10-1175, 10-1201, 10-1352, 2010 U.S. App. LEXIS 27007.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Share (finance), Bankruptcy, Debtor, Unsecured debt, Dividends, Federal Reporter, Liquidation, Secured creditor, Second Circuit, United States bankruptcy court, First Circuit
    Authors:
    Mark A. Broude , Jason B. Sanjana
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    US Supreme Court’s sleight of hand in bankruptcy jurisdiction
    2014-07-31

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United
    Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. The Law Office of Salman M. Al-Sudairi is Latham & Watkins associated office in the

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Limited liability partnership, Personal jurisdiction, SCOTUS
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Decree Law No. 78 of 31 May 2010 as converted by Law No. 122 of 30 July 2010: additional changes to Italian bankruptcy law
    2011-02-28

    Italian bankruptcy law — Royal Decree No. 267 of 16 March 1942 — (the Bankruptcy Law) underwent a substantial reform between 2005 and 20091, mainly aimed at introducing (i) a more efficient regulation of the pre-bankruptcy agreement procedure (concordato preventivo)2 and (ii) new pre-bankruptcy schemes of arrangements, in the form of the out-of-court debt restructuring plan (piano attestato di risanamento)3 and the debt restructuring agreement (accordo di ristrutturazione dei debiti)4.

    Filed under:
    Italy, USA, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Shareholder, Debtor, Debt, Debt restructuring, Bridge loan, Credit crunch
    Authors:
    Andrea Novarese , Maria Cristina Storchi
    Location:
    Italy, USA
    Firm:
    Latham & Watkins LLP
    Quebecor decision: capital markets transactions protected in bankruptcy safe harbor
    2013-07-18

    Second Circuit’s Quebecor bankruptcy decision offers comfort to capital markets participants that certain transactions will qualify for the Section 546(e) safe harbor.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Security (finance), Commercial paper, Enron, Second Circuit
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    The impact of CDS on restructurings
    2011-02-24

    Restructuring companies in respect of which there exists a significant credit default swaps (CDS) market adds an additional level of complexity which the debtor and all stakeholders should consider and assess early on in the process, as it could determine the success or failure of a restructuring plan.

    Filed under:
    European Union, Global, USA, Derivatives, Insolvency & Restructuring, Latham & Watkins LLP, Bond (finance), Bankruptcy, Credit (finance), Debtor, Interest, Swap (finance), Credit risk, Maturity (finance), Balance sheet, Credit default swap
    Authors:
    John Houghton
    Location:
    European Union, Global, USA
    Firm:
    Latham & Watkins LLP
    SEC reporting after a bankruptcy filing - Part I
    2013-06-06

    Your good client Michael Bluth calls you from the Delaware bankruptcy court. Now that his family’s business, The Bluth Company, has filed for bankruptcy protection under Chapter 11 of the Bankruptcy Code and his late nights with DIP lenders and our bankruptcy colleagues have come to a temporary pause, Michael’s ready to turn back to his typical day-to-day job running his business.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Form 8-K, US Securities and Exchange Commission, United States bankruptcy court
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    “Flip” flap II: uncertainty in derivatives markets caused by the Lehman bankruptcy court’s decision will continue
    2011-02-17

    On December 15, 2010, Judge James Peck of the US Bankruptcy Court for the Southern District of New York (the Bankruptcy Court) approved Lehman Brothers Special Financing Inc.’s (LBSF) motion (the Motion) for approval of a settlement among LBSF, BNY Corporate Trustee Services Limited (BNY), Perpetual Trustee Company Limited (Perpetual) and others relating to certain note issuance and swap transactions with Saphir Finance Public Limited Company (Saphir) under a program known as the Dante Program.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Collateral (finance), Swap (finance), Public limited company, Default (finance), Bank of New York Mellon, Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice, United States bankruptcy court
    Authors:
    Adam J. Goldberg
    Location:
    USA
    Firm:
    Latham & Watkins LLP

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