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    Oaks v. Miller (In re Miller)
    2016-12-07

    (Bankr. E.D. Ky. Dec. 6, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Punitive damages, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    In re Jackson
    2016-08-08

    (6th Cir. B.A.P. Aug. 4, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Schaumburg Bank & Trust Co., N.A. v. Alsterda
    2016-03-07

    (7th Cir. Mar. 4, 2016)

    Filed under:
    USA, Kentucky, Company & Commercial, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, United States bankruptcy court, Seventh Circuit
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    July 2018 2018 Summer review M&A legal and market developments
    2018-07-17

    July 2018

    2018 Summer review M&A legal and market developments

    In this issue...

    Contractual provisions.............................................................1 Company law...........................................................................4

    Listed companies....................................................................7 Good faith................................................................................9

    Authors: Philip Broke, Veronica Carson

    Filed under:
    United Kingdom, Scotland, Capital Markets, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, White & Case LLP, Public company, Good faith, Warranty, Parent company, High Court of Justice, Court of Appeal (England and Wales)
    Location:
    United Kingdom
    Firm:
    White & Case LLP
    German Federal Court (BGH) bolsters creditor's rights in debtor in possession proceedings by ruling on director's liability vis-à-vis creditors
    2018-05-22

    In its April 2018 decision, the BGH ruled on the question whether the directors of a company that has been granted debtor in possession status by the respective insolvency court can become personally liable for a breach of a duty of care vis-à-vis the creditors like an insolvency administrator. The underlying legal question was the subject of a controversial academic discussion in the past.

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP, Debtor in possession, Directors' duties, Federal Court of Justice
    Authors:
    Riaz K. Janjuah , Jonas Tangermann
    Location:
    Germany
    Firm:
    White & Case LLP
    The art of the pre-pack - Edition 2: France
    2022-03-21

    Historically, the French restructuring system has always been perceived as a debtor-friendly system. In recent years, however, changes to the French legislation have favoured creditors' interests and the courts have favoured a number of lender-led restructures, enabling lenders to take control of the debtor from its existing shareholders.

    Filed under:
    France, Company & Commercial, Insolvency & Restructuring, White & Case LLP, Non-disclosure agreement, Articles of association, Coronavirus
    Location:
    France
    Firm:
    White & Case LLP
    CVAs: A 2018 Revival
    2018-01-26

    With miserable Christmas trading figures exacerbating an already challenging climate for UK retailers, a growing number of companies are turning to company voluntary arrangements ("CVAs") as a possible source of respite. Most commonly used by retailers and other UK companies to impose improved lease terms on their landlords, CVAs look set to come back into fashion.

    Market Backdrop

    Filed under:
    European Union, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Internet & Social Media, White & Case LLP, Brexit, Insolvency Act 1986 (UK)
    Authors:
    Ian Wallace
    Location:
    European Union, United Kingdom, USA
    Firm:
    White & Case LLP
    Singapore court considers whether lock-up agreements alter the classification of creditors
    2022-03-11

    Lock-up agreements typically involve the company's creditors committing in advance to vote at the relevant class meeting in favour of the contemplated scheme. Lock-up agreements serve an important commercial purpose of either securing support or giving an indicator as to likely support for the scheme before the parties incur the time and expense in finalising the negotiation process of the scheme.

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP
    Authors:
    Alexander McMyn , Charles McConnell , Joann Ho
    Location:
    Singapore
    Firm:
    White & Case LLP
    Singapore: Debt Restructuring Hub Ready For Business
    2017-04-03

    After months of public consultations and revision, the Singapore parliament passed the Companies (Amendment) Bill (the "Bill") on 10 March 2017 amending the Singapore Companies Act (the "Companies Act"). The Bill contains, among others, significant and novel changes to Singapore's insolvency laws. This is no doubt a giant step towards positioning Singapore as Asia Pacific's Debt Restructuring Hub with cross-border restructuring capabilities.

    Introduction - The Bill

    Filed under:
    Singapore, USA, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP, Title 11 of the US Code
    Authors:
    Guan Feng Chen , Weibin Quek
    Location:
    Singapore, USA
    Firm:
    White & Case LLP
    Mexico: New federal courts for commercial bankruptcy proceedings (concursos mercantiles)
    2022-03-07

    In order to encourage the promotion and specialized attention of corporate restructurings and insolvency proceedings, by agreement of the Plenary of the Federal Judiciary Council of Mexico, two district courts specialized in commercial bankruptcy matters (concursos mercantiles) have been created, located in Mexico City.

    Courts in Commercial Bankruptcy Matters

    Filed under:
    Mexico, USA, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP
    Location:
    Mexico, USA
    Firm:
    White & Case LLP

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