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    Trade alert - Australia
    2014-12-01

    Australia is a member of both the Basel Committee and the G20 and in November, Brisbane was host to the G20 Leaders' Summit.

    The agenda focussed on increasing global growth, jobs and economic stability.  Despite the positive G20 intentions, David Cameron was quoted as saying "red warning lights are once again flashing on the dashboard of the global economy".

    Filed under:
    Australia, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Tax, Cadwalader Wickersham & Taft LLP, Stamp duty
    Authors:
    Louisa Watt
    Location:
    Australia
    Firm:
    Cadwalader Wickersham & Taft LLP
    Trade alert - Turkey
    2014-10-31

    Turkish corporates have increasingly utilised international debt markets in the last decade, particularly in the infrastructure and energy sectors. These corporates are now under pressure due to recent political instability and depreciation of the Turkish lira. Restructuring candidates in 2014 have included Yuksel, the construction company which was last in discussions with bondholders and local lenders mid-year. Below we take a look at key legal issues for loan traders in Turkey.

    Filed under:
    Turkey, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Tax, Cadwalader Wickersham & Taft LLP
    Authors:
    Louisa Watt
    Location:
    Turkey
    Firm:
    Cadwalader Wickersham & Taft LLP
    No market interest rate and no make whole: Momentive Performance Court rejects lender arguments against confirmation
    2014-09-17

    On August 26, 2014, Judge Robert D.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Ingrid Bagby , Mark C. Ellenberg
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Spanish insolvency law reform
    2014-03-31

    The Spanish Insolvency Act has seen its most material amendment come into effect on 9th March 2014 by Royal Decree - Law 4/2014 . The law now provides for a more flexible system and reduces equity leverage. Under the new law, it is now possible for a Refinancing Agreement  (which satisfies the legal requirements for such agreement) to be court approved in a Court Homologation process which will bind dissenting creditors. In practice, 75% of Syndicated Loan creditors can now bind the remaining 25%.              

    Filed under:
    Spain, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Refinancing, Broadcast syndication
    Location:
    Spain
    Firm:
    Cadwalader Wickersham & Taft LLP
    French insolvency law reform
    2014-03-31

    (Ordonnance no. 2014-326) was published in the French official journal on 14 March 2014. The new rules apply to all proceedings that open on or after 1 July 2014 but will have an influence on current loan negotiations.  It redresses the checks and balances in place by creating a double-edged sword over the heads of shareholders by reallocating rights to lenders and by enhancing lender led restructurings.

    Filed under:
    France, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Bond (finance), Shareholder
    Authors:
    Tawnee Ebbs
    Location:
    France
    Firm:
    Cadwalader Wickersham & Taft LLP
    Lyondell Bankruptcy Court holds that safe harbors do not prohibit creditors from asserting state law constructive fraudulent transfer claims
    2014-01-29

    On January 14, 2014, Judge Robert E. Gerber of the United States Bankruptcy Court for the Southern District of New York in Weisfelner v. Fund 1. (In re Lyondell Chemical Co.), Adv. Proc. No. 10-4609 (REG), 2014 WL 118036 (Bankr. S.D.N.Y. Jan.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Leveraged buyout, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Authors:
    Mark C. Ellenberg , Michael A. Stevens
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Third Circuit holds that debt collectors must generally comply with the Bankruptcy Code and the Fair Debt Collection Practices Act
    2014-01-27

    In Simon v. FIA Card Services, N.A.,[1] the U.S.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Debt, Subpoena, Debt collection, Collection agency, Fair Debt Collection Practices Act 1977 (USA), United States bankruptcy court, Third Circuit
    Authors:
    Kathryn M. Borgeson
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Lehman Bankruptcy Court issues safe harbor decision
    2014-01-06

     

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Amicus curiae, Liquidation, Bankruptcy of Lehman Brothers, Title 11 of the US Code, International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court
    Authors:
    Kathryn M. Borgeson , Mark C. Ellenberg , Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Court rules that Detroit is eligible for Chapter 9 and that pensions may be impaired in Chapter 9
    2013-12-06

    On December 5, 2013, the U.S. Bankruptcy Court for the Eastern District of Michigan released its 143 page decision upholding the City of Detroit’s eligibility to be a debtor under chapter 9 of the United States Bankruptcy Code.  In re City of Detroit, Michigan, Case No. 13-53846 (Bankr. E.D. Mich. Dec.

    Filed under:
    USA, Michigan, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Bankruptcy, Constitutionality, Title 11 of the US Code, US District Court for Eastern District of Michigan
    Authors:
    Ingrid Bagby , Thomas Curtin , Mark C. Ellenberg , Howard R. Hawkins Jr. , Ivan Loncar , Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Insurers seek enforcement of state law protections for City of Detroit GO Bonds
    2013-11-12

    On November 8, 2013, three monoline insurers of the City’s general obligation bonds commenced adversary proceedings in the City of Detroit bankruptcy case.1  Through these actions, the monoline insurers seek to compel enforcement of the status quo for the general obligation bonds by requiring the City to continue to segregate ad valorem taxes in accordance with Michigan law.  As these actions progress, they may clarify whether state law protections for general obligation bonds apply in chapter 9 and test the jurisdictional limitations imposed on a bankruptcy court by se

    Filed under:
    USA, Michigan, Capital Markets, Insolvency & Restructuring, Cadwalader Wickersham & Taft LLP, Bond (finance), United States bankruptcy court
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP

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