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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
    European Real Estate Finance: Market Update - Q1 2021
    2021-03-25

    European Real Estate Finance: Market Update – Q1 2021 March 2021 Authors: Jeffrey Rubinoff, Dr. Thomas Flatten, Thierry Bosly, Hadrien Servais, Carl Hugo Parment, Fernando Navarro, Christophe Goossens, Julio Peralta, Angel Calleja, Aurélie Terlinden, Alexandra Stolt, Amitaben Patel & Brendon Vyas Further information on the response to COVID-19 can be found here, and we also have a German-language article, available here, looking at the impact on commercial leases. LIBOR Discontinuation Much has happened in the world of LIBOR Discontinuation since our last update.

    Filed under:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom, Banking, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Public, Real Estate, Tax, White & Case LLP, Brexit, Libor, Private equity, Euribor, Force majeure, Coronavirus, Commercial tenant, EU-UK Trade and Cooperation Agreement, HM Revenue and Customs (UK)
    Location:
    Belgium, European Union, Germany, Luxembourg, Spain, Sweden, United Kingdom
    Firm:
    White & Case LLP
    Ipso facto clauses under the Insolvency, Restructuring and Dissolution Act
    2020-08-20

    The Insolvency, Restructuring and Dissolution Act 2018 (the "IRDA") came into force on 30 July 2020. The consolidation of all personal and corporate insolvency and debt restructuring legislation into a single statute, along with other legislative changes, seeks to further strengthen Singapore's position as an international debt restructuring hub. This note highlights the new restrictions on ipso facto provisions effected by the IRDA, which will be of particular interest to loan market participants.

    Restrictions on ipso facto clauses

    Filed under:
    Singapore, Company & Commercial, Insolvency & Restructuring, White & Case LLP
    Authors:
    Charles McConnell , Joann Ho , Weibin Quek
    Location:
    Singapore
    Firm:
    White & Case LLP
    Coronavirus Aid for Companies in Difficulties - Unprecedented Response from KfW, German government and EU Commission
    2020-03-19

    Last Friday, in response to the outbreak of the coronavirus pandemic (COVID-19), the German government announced various measures described as a big "bazooka" to avert a crisis in the Eurozone's largest economy. The German development bank KfW will play a key role in the context of the announced measures and has been tasked to provide liquidity assistance to German companies hit by the pandemic.

    Filed under:
    European Union, Germany, Company & Commercial, Insolvency & Restructuring, White & Case LLP, Coronavirus, European Commission
    Authors:
    Dr. Dennis Heuer , Riaz K. Janjuah , Dr. Carsten Lösing
    Location:
    European Union, Germany
    Firm:
    White & Case LLP
    PACTE Act (action plan for the growth and transformation of companies): The main changes regarding distressed companies
    2019-06-05

    Presented as a major measure of the five-year French presidential term, the law “on growth and business transformation”, also known as the PACTE Act, came into force on May 24th, 2019. Amongst the changes that were brought, some of them deserve a particular focus.

    Two phases of the reform. The PACTE Act revises the insolvency legal framework and mainly empowers the executive to directly implement the EU insolvency directive and to reform the law on security interests within a period of two years.

    The first phase of the reform

    Filed under:
    France, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, White & Case LLP, Debtor
    Authors:
    Saam Golshani , Alexis A Hojabr
    Location:
    France
    Firm:
    White & Case LLP
    The construction industry, insolvency and directors’ liabilities
    2019-06-03

    A Singaporean construction company in liquidation has successfully sued one of its former directors for failing to act in the best interests of the company, highlighting the importance of directors being aware of, and protecting against, potential personal liability for breach of duty.

    Directors’ liability – the risk

    Filed under:
    Singapore, United Kingdom, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, White & Case LLP, General contractor
    Location:
    Singapore, United Kingdom
    Firm:
    White & Case LLP
    Liquidated Damages for Post-Termination Delay?
    2019-02-04

    The High Court of England & Wales considered, in respect of the delayed completion of a solar project, the appropriate end date for liquidated damages under a terminated construction contract.

    It is usual and standard for a construction contract to contain a liquidated damages clause. It is also common for a termination clause to be included and it is not unusual for it to be exercised. Strangely, however, it is not clear under English law how these two concepts interact.

    Filed under:
    United Kingdom, England & Wales, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, White & Case LLP, Liquidated damages, House of Lords
    Location:
    United Kingdom
    Firm:
    White & Case LLP
    Liquidated damages in energy projects
    2019-01-10

    In a noteworthy decision to participants in the energy industry, the High Court of England & Wales examined what constitutes a valid liquidated damages clause in the event of delayed completion of a solar project. And last week in Singapore, the High Court considered the enforceability of liquidated damages provisions on termination of power purchase agreements.

    Filed under:
    Singapore, United Kingdom, Company & Commercial, Construction, Insolvency & Restructuring, Litigation, Projects & Procurement, White & Case LLP, Renewable energy, Liquidated damages, Power purchase agreement
    Authors:
    Julian Bailey
    Location:
    Singapore, United Kingdom
    Firm:
    White & Case LLP
    France Restructuring Review 2018
    2018-12-04

    An extract from GRR The European, Middle Eastern and African Restructuring Review 2018

    Brief overview of insolvency proceedings

    Enhanced by no less than five reforms over the past 10 years, French insolvency law now provides a comprehensive set of tools designed to efficiently handle the legal, economic and financial difficulties that companies are facing. The whole insolvency architecture hinges on the key concept of cessation of payments (ie, inability of the debtor to pay its debts as they fall due with its available assets).

    Filed under:
    European Union, France, Germany, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP, Liquidation
    Authors:
    Céline Domenget Morin
    Location:
    European Union, France, Germany
    Firm:
    White & Case LLP

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