Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    The European Union Court of Justice states that pledges over bank accounts are not resistant to insolvency procedures if the account holder can dispose of the monies deposited in the account
    2017-02-08

    The European Union Court of Justice ("EUCJ") has issued a judgment dated 10 November 2016 in the Matter No C-156/15 (Private Equity Insurance Group SIA ("SIA") v Swedbank AS) in response to a request for a preliminary ruling from the Supreme Court of Latvia, the country in which the bank Swedbank AS is based.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, Ashurst, Collateral (finance)
    Authors:
    Jose Christian Bertram
    Location:
    European Union
    Firm:
    Ashurst
    Security over financial collateral - the CJEU considers the "possession or control" test
    2016-12-06

    The Court of Justice of the European Union (CJEU) has given a preliminary ruling on when a security holder has "possession or…control" of financial collateral for the purposes of Directive 2002/47 on financial collateral arrangements. From an English law perspective, this is particularly relevant for anyone considering whether a floating charge over financial collateral qualifies as a security financial collateral arrangement (or SFCA).

    Background – UK implementation and interpretation

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Dentons, Collateral (finance), Security (finance), Financial Conduct Authority (UK), Court of Justice of the European Union
    Authors:
    Adam Pierce
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    “Financial” pledges of monies deposited in accounts after the opening of insolvency proceedings
    2016-11-24

    The Court of Justice of the European Union (CJEU) has just made a pronouncement on three of the most important matters open to interpretation concerning the regime applicable to financial collateral arrangements under Directive 47/2002 of the European Parliament and of the Council of 6 June 2002.

    Filed under:
    European Union, Latvia, Spain, Banking, Insolvency & Restructuring, Litigation, Gomez-Acebo & Pombo Abogados, Collateral (finance), European Parliament, Court of Justice of the European Union
    Authors:
    Ángel Carrasco Perera
    Location:
    European Union, Latvia, Spain
    Firm:
    Gomez-Acebo & Pombo Abogados
    Brexit: what next for restructuring and insolvency law?
    2016-07-04

    Brexit is now a reality; what lies ahead for restructuring and insolvency law? These views are limited to English law and do not apply to credit institutions and insurance undertakings, which are subject to their own regimes in the UK and across the EU.

    What, when, how? No change in the short term

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Taylor Wessing, Brexit, Collateral (finance)
    Location:
    European Union, United Kingdom
    Firm:
    Taylor Wessing
    Bankruptcy Court in the Southern District of New York confirms: low threshold for foreign debtors to use chapter 11
    2011-10-27

    On Friday 21 October 2011, the Bankruptcy Court in the Southern District of New York handed down an important decision, confirming that foreign (groups of) companies can use Chapter 11 without any significant threshold as to their nexus with the United States. This may be good news for corporates that seek to use Chapter 11 for restructuring their business or capital structure.

    It is now clear that even very limited property in the U.S. is sufficient to qualify for a reorganisation through Chapter 11.

    Filed under:
    European Union, Netherlands, USA, New York, Insolvency & Restructuring, Litigation, De Brauw Blackstone Westbroek, Debtor, Collateral (finance), Limited liability company, Mortgage loan, Contempt of court, Exclusive jurisdiction, The Royal Bank of Scotland, US Code, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Ruud Hermans , Berto Winters , Rob van den Sigtenhorst
    Location:
    European Union, Netherlands, USA
    Firm:
    De Brauw Blackstone Westbroek
    Recognition of trustee filing in French insolvency safeguard proceedings
    2012-04-26

    In a decision that represents a triumph for bondholders, and should provide comfort to market participants, the Supreme Court of France (the “Supreme Court”) has recognized the trust structure and the parallel debt mechanism as part of security packages put in place for secured international financings granted to a French company.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bond (finance), Collateral (finance), Debt, Court of Appeal of England & Wales
    Location:
    France
    Firm:
    Schulte Roth & Zabel LLP
    Court of Appeal not so generous to Glenmorgan
    2012-04-26

    Until recently, the PPSA did not give second and subsequent ranking secured creditors a statutory right to take possession of collateral in the event of default. The PPSA has recently been changed to allow all secured creditors to exercise this right. The recent case of Glenmorgan v New Zealand Bloodstock [2011] NZCA 672, however, confirms that all secured creditors can also rely on contractual rights to take possession of collateral. Secured creditors should ensure that their security documents clearly give them this right.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Bell Gully, Collateral (finance), Secured creditor
    Authors:
    Murray Tingey , David McPherson
    Location:
    New Zealand
    Firm:
    Bell Gully
    Lessons from the Crafar receivership: Part Two
    2011-05-13

    Big receiverships often test legal boundaries, and the Crafar group receivership is no exception.  Gibson & Stiassny v StockCo & Ors1  is the longest decision to date on the Personal Property Securities Act 1999 (PPSA). 

    Although the facts are complex, the practical take-outs are fairly simple:

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Chapman Tripp, Debtor, Collateral (finance), Security (finance), Interest, Secured loan
    Authors:
    Michael Arthur , Matthew Yarnell , Geoff Carter
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Security agreements signed just before liquidation: is the Personal Property Securities Act the answer?
    2011-06-29

    It is not uncommon for a receiver, liquidator or competing creditor to be presented with a security agreement, the ink on which appears scarcely to be dry.

    If that secured creditor registered on the Personal Property Securities Register (PPSR) months or years earlier, does that registration date determine priority between competing security interests?  Or is that unfair to other creditors?

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Chapman Tripp, Credit (finance), Debtor, Collateral (finance), Security (finance), Interest, Personal property, Liquidation, Secured creditor, Liquidator (law), Capital punishment, Securities Act 1933 (USA)
    Authors:
    Janko Marcetic
    Location:
    New Zealand
    Firm:
    Chapman Tripp
    Serbia's new enforcement law: creditor must choose between court enforcement or private enforcement
    2016-05-20

    A new Enforcement Law has been introduced in Serbia, a significant portion of which will enter into force on 1 July 2016. One important novelty can be found in its Article 547, which, inter alia, introduces an obligation for certain enforcement creditors to deliver a specific statement to the court within a prescribed window of time, i.e. by 1 July 2016.

    Filed under:
    Serbia, Insolvency & Restructuring, Litigation, Wolf Theiss, Collateral (finance)
    Authors:
    Miroslav Stojanovic , Nataša Lalovic Maric
    Location:
    Serbia
    Firm:
    Wolf Theiss

    Pagination

    • First page « First
    • Previous page ‹‹
    • Page 1
    • Page 2
    • Current page 3
    • Page 4
    • Page 5
    • Page 6
    • Page 7
    • Page 8
    • Page 9
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days