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Restructuring rent: insolvency law innovations impacting commercial landlords
2023-03-13

Restructuring and insolvency professionals are showing real ingenuity when restructuring insolvent businesses, and landlords need to keep up.

Economic downturns create opportunities for the restructuring or acquisition of challenged assets, and we anticipate increased activity in this space in 2023. The indicators pointing in that direction are:

Filed under:
Australia, New South Wales, Insolvency & Restructuring, Litigation, Clayton Utz, Commercial tenant, Insolvency, Corporations Act 2001 (Australia), Australian Taxation Office, Australian Securities and Investments Commission, New South Wales Supreme Court
Authors:
Orla McCoy , Mikhail Glavac , Tom Gardner
Location:
Australia
Firm:
Clayton Utz
View Original Article
Denying Corporate Debtors A Discharge Under § 523(a)’s “Individual Debtor” Exceptions? (Avion Funding v. GFS)
2023-03-07

Can a corporate debtor be denied a Subchapter V discharge under § 523(a), despite this § 523(a) language (emphasis added):

  • “A discharge under section . . . 1192 [Subchapter V] . . . does not discharge an individual debtor from . . . ”?

A recent Bankruptcy Court opinion (in Avion Funding) says, essentially, this: “No! You can’t paint over explicit statutory language.”[Fn. 1]

Such recent opinion:

Filed under:
USA, Insolvency & Restructuring, Litigation, Koley Jessen PC, Commercial tenant, US Congress
Authors:
Donald L. Swanson
Location:
USA
Firm:
Koley Jessen PC
View Original Article
Appeal of Unstayed Order Approving Bankruptcy Sale of Real Property Free and Clear of Lease and Related Settlement Agreement Dismissed as Moot
2023-01-31

To promote the finality of bankruptcy asset sales, section 363(m) of the Bankruptcy Code "moots" an appeal of an order approving a sale to a good-faith purchaser unless the party challenging the sale obtains a stay pending appeal. Courts, however, sometimes disagree over the scope of section 363(m) and whether it also bars appeals of orders approving transactions that are related to a sale, such as settlements.

Filed under:
USA, Insolvency & Restructuring, Litigation, Jones Day, Commercial tenant, Supreme Court of the United States
Authors:
Mark G. Douglas
Location:
USA
Firm:
Jones Day
View Original Article
A (partial) phasing out of the current prohibitions on presenting UK winding up petitions?
2021-09-17

Further to our blog last week regarding the restrictions on presentation of winding-up petitions being (partially) lifted, the legislation replacing the existing restrictions on presenting winding-up petitions has now been passed and is due to come into force on 29 September 2021.

Filed under:
United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Coronavirus, Commercial tenant
Authors:
Emily Davis
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Impact of COVID-19 on Insolvency Laws:
2021-05-06

squirepattonboggs.com 014-5095-0428/15/EUROPE Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 26 April 2021 squirepattonboggs.com squirepattonboggs.com Contents Around the globe, our lawyers are receiving a large number of enquiries about mitigating the impact of the coronavirus disease 2019 (COVID-19) on companies' business operations and finances. Governments in several countries have reacted quickly to try to mitigate COVID-19's impact by changing or amending their insolvency laws.

Filed under:
Global, Banking, Insolvency & Restructuring, Tax, Squire Patton Boggs, Due diligence, State aid, Coronavirus, Commercial tenant, Paycheck Protection Program, Corporations Act 2001 (Australia), CARES Act 2020 (USA), HM Revenue and Customs (UK), Small Business Administration (USA)
Location:
Global
Firm:
Squire Patton Boggs
View Original Article
Further Uncertainty for UK Commercial Landlords as Extension to Prohibition on Forfeiture is Announced
2020-12-10

The UK Government has announced that the temporary prohibition on forfeiture will be extended when the current prohibition comes to an end at the end of the year. The restriction, that prevents commercial landlords from forfeiting a lease for non-payment, will now be in place until 31 March 2021.

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Commercial tenant
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19
2020-05-14

The Australian government has taken swift action to enact new legislation that significantly changes the insolvency laws relevant to all business as a result of the ongoing developments related to COVID-19.

The Coronavirus Economic Response Package Omnibus Act 2020 (Response Act) became effective on March 25, 2020, and is an effort to provide temporary relief to companies experiencing financial distress as a result of the ongoing and rapidly changing economic slowdown caused by COVID-19.

The COVID-19 Response Act

Filed under:
Global, Banking, Insolvency & Restructuring, Tax, Squire Patton Boggs, Coronavirus, Commercial tenant, Paycheck Protection Program, CARES Act 2020 (USA), HM Revenue and Customs (UK)
Location:
Global
Firm:
Squire Patton Boggs
View Original Article
Is Presenting A Winding Up Petition Too Much Of A Risk (UK)?
2020-05-05

Further to our blog about measures announced by the Government to protect commercial tenants from “aggressive” rent collection strategies, the Government subsequently confirmed that the restrictions will apply (unless extended) from:

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Landlord, Coronavirus, Commercial tenant
Authors:
Emily Davis
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
UK Government proposes measures to curb “aggressive” rent collection strategies
2020-04-24

At the end of March, the Government introduced measures providing a moratorium on evictions for commercial tenants for non-payment of rent until 30 June 2020.

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Landlord, Coronavirus, Commercial tenant, Insolvency Act 1986 (UK)
Authors:
Emily Davis
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19
2020-04-08

The amendments of the Response Act are temporary and will apply for six months until September 23, 2020. However, subject to economic and health developments, the provisions may be expanded in both their application and scope

Filed under:
Global, Banking, Insolvency & Restructuring, Tax, Squire Patton Boggs, Coronavirus, Commercial tenant, CARES Act 2020 (USA), HM Revenue and Customs (UK)
Location:
Global
Firm:
Squire Patton Boggs
View Original Article

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