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    Finance and Markets Global Insight - Issue 17, 2019: Creditors’ schemes of arrangement in Australia
    2019-10-25

    In brief...

    The use of creditors’ schemes of arrangement is on the rise in Australia. Along the way the Australian courts have made valuable contributions to international scheme jurisprudence. In this article we look at some of these contributions and then explore how Australian law might be further developed to remain a leading jurisdiction for creditors’ schemes.

    Advantages of schemes as a restructuring tool

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, DLA Piper, Creditors' rights, Corporations Act 2001 (Australia)
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper
    The New Code on Bankruptcy Proceedings
    2019-05-02

    On April 15, 2019, President Petro Poroshenko signed the Code on Bankruptcy Proceedings. The text of the law was officially published on April 20 and is available in Ukrainian. The new law aims to strengthen the rights of creditors, improve the procedure of debtors’ assets sale at bankruptcy auctions, provide clear mechanisms for restoring solvency of debtors, and enhance the overall efficiency of bankruptcy proceedings.

    Filed under:
    Ukraine, Banking, Insolvency & Restructuring, DLA Piper
    Location:
    Ukraine
    Firm:
    DLA Piper
    Five major financial firms given extensions to submit living wills
    2018-09-10

    The Fed and the FDIC, in an August 30 joint press release, announced that they are extending the filing deadline for Prudential Financial Inc. and four major foreign banking organizations to submit their resolution plans. Prudential Financial, a designated nonbank SIFI pursuant to Dodd-Frank, will now have until December 31, 2019, to submit its living will, a year later than previously required (and following previous extensions).

    Filed under:
    USA, Banking, Insolvency & Restructuring, DLA Piper
    Location:
    USA
    Firm:
    DLA Piper
    Beware secured creditors: The newly amended US Federal Rules of Bankruptcy Procedure now require filing a proof of claim
    2017-12-21

    Certain amendments to the Federal Rules of Bankruptcy Procedure, which became effective on December 1, 2017, impose affirmative obligations on secured creditors to protect the right to distribution in a bankruptcy case. Specifically, Rule 3002(a) now requires a secured creditor to file a proof of claim in order to gain allowance for a secured claim.

    Filed under:
    USA, Insolvency & Restructuring, DLA Piper, Bankruptcy, Secured creditor
    Location:
    USA
    Firm:
    DLA Piper
    German legislator facilitates confiscation orders and asset recovery
    2017-06-30

    After having implemented stricter anti-bribery and corruption regulations in late 2015 and mid2016, new criminal law provisions regarding confiscation orders and asset recovery will enter into force on 1 July 2017. The present legislation was considered to be insufficient. Further, the law implements European provisions into national law. The law provides new rules for compensation of damaged parties and lower prerequisites for confiscations.

    Filed under:
    Germany, Insolvency & Restructuring, White Collar Crime, DLA Piper
    Location:
    Germany
    Firm:
    DLA Piper
    Improvements to the Investment Bank Special Administration Regime
    2017-01-13

    The Investment Bank Special Administration Regime (SAR) was introduced in 2011 in response to difficulties faced in the Lehman Brothers administration. Following a review of the regime by Peter Bloxham in 2014, and a Government consultation in 2016, the Treasury has introduced draft regulations to improve the regime - The Investment Bank (Amendment of Definition) and Special Administration (Amendment) Regulations 2017.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, DLA Piper, Investment banking
    Authors:
    Chris Parker
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Australian insolvency law reforms aim to increase business restructuring opportunities
    2016-07-22

    The Australian government is working to significantly reform Australia’s current insolvency laws by mid-2017.

    The reforms are intended to achieve greater likelihood of business preservation by introducing the flexibility to achieve real turnaround of businesses in crisis.

    The proposed changes include:

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, DLA Piper, Bankruptcy, Breach of contract, Start-up company, Board of directors, Entrepreneurship, Liquidation, Distressed securities
    Authors:
    Amelia Kelly
    Location:
    Australia
    Firm:
    DLA Piper
    More restructurings in 2016? Absolutely
    2015-12-21

    Economists are renowned for their uncanny inclination to see dark clouds on a sunny day. Restructuring professionals tend to fall into the same camp; we’re no Pollyannas when it comes to forming views on business conditions. Perhaps working extensively with challenged companies tends to skew our outlook.

    Filed under:
    USA, Insolvency & Restructuring, DLA Piper
    Location:
    USA
    Firm:
    DLA Piper
    Intellectual property rights under German insolvency law
    2015-04-07

    German insolvency case law on intellectual property rights has experienced rapid development in recent years, while attempts by the German legislature to regulate this subject with precision have repeatedly failed. The multitude of stakeholders involved (among them insolvency administrators, licensors, sub-licensees and creditors that have liens on IP rights) could not agree on a resolution acceptable to all.

    Filed under:
    Germany, Insolvency & Restructuring, Intellectual Property, Litigation, DLA Piper
    Authors:
    Tom H. Braegelmann
    Location:
    Germany
    Firm:
    DLA Piper
    Mortgages under siege
    2014-11-12

    It used to be the case that mortgage creditors could rest easy knowing they held a mortgage, and that they would be repaid with the proceeds of the sale of the mortgaged asset, even in the event of an insolvency.

    Filed under:
    Spain, Banking, Insolvency & Restructuring, DLA Piper, Debtor, Mortgage loan
    Location:
    Spain
    Firm:
    DLA Piper

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