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    Fighting the flab: UK Supreme Court seeks to limit the scope for remedial constructive trusts
    2016-11-14

    Shortly before insolvency, financially distressed companies often receive monies which appear "morally" to be due to third parties, such as customer deposits or monies due to be received by the company as agent on behalf of its principal. If the company then enters an insolvency process, can it keep the money, leaving the customer/principal with no more than the right to prove, as an unsecured creditor in the insolvency? Or should the money be protected by some form of trust in favour of the "morally entitled" recipient?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, White Collar Crime, DLA Piper
    Authors:
    Michael Fiddy , Catherine Burton
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Landmark Decision by German Federal Court of Justice Affecting License Purchases in the Insolvency Context
    2016-06-29

    License purchases can be excluded from the insolvency administrator’s right to reject or assume contracts

    Filed under:
    Germany, Insolvency & Restructuring, Trademarks, DLA Piper
    Authors:
    Tom H. Braegelmann
    Location:
    Germany
    Firm:
    DLA Piper
    Barbarians at the (Marble)gate?
    2015-10-06

    Restructurings are all about alternatives. It is one thing for a creditor to hold an instrument that entitles it to payment of $X on Y date. But if the debtor does not have the cash to satisfy the obligation when due, some type of restructuring must occur.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, DLA Piper, Debtor
    Authors:
    Eric Goldberg
    Location:
    USA
    Firm:
    DLA Piper
    Update on Spanish insolvency laws - refinancing agreements and purchase of business units of companies under insolvency proceedings
    2014-12-18

    Significant developments have taken place in the Spanish insolvency legal framework during 2014, focusing mainly on these areas:

    Filed under:
    Spain, Insolvency & Restructuring, DLA Piper
    Authors:
    Alvaro Cid-Luna
    Location:
    Spain
    Firm:
    DLA Piper
    New insolvency law in Romania — a step ahead
    2014-10-01

    Following a lengthy process which started in 2012 aiming to reform the Romanian insolvency framework as part of a wider judicial reformation program, the New Insolvency Law (Law no. 85/2014 regarding the prevention of insolvency and the insolvency proceedings) entered into force on 28 July 2014.

    Filed under:
    Romania, Insolvency & Restructuring, Litigation, DLA Piper, Debtor
    Location:
    Romania
    Firm:
    DLA Piper
    Northstar Aerospace settles with the Ministry of the Environment for $4.75 million
    2013-11-15

    On October 28th, 2013 the Ministry of the Environment (“MOE”) and the former directors and officers of Northstar Aerospace Canada (“Northstar”) reached a $4.75 million settlement for the remediation of a property owned by Northstar in Cambridge, Ontario.

    Filed under:
    Canada, Ontario, Environment & Climate Change, Insolvency & Restructuring, Litigation, DLA Piper, Contamination, Environmental remediation, Supreme Court of Canada
    Location:
    Canada
    Firm:
    DLA Piper
    Blocking rights and the Texas wind power generation industry
    2022-01-20

    Winter is here, with the attendant risk of another major weather event impacting the energy production industry, and, specifically, the wind power generation industry in Texas. Last year, Winter Storm Uri significantly disrupted the Texas power grid and forced several energy originators, distributors, and buyers to consider restructuring alternatives.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    USA
    Firm:
    DLA Piper
    Super Scheme or Super CVA?
    2021-03-31

    The UK Restructuring Plan took its first foray down the well-trodden path of lease restructuring over the last week. The Restructuring Plan has been used through to court sanction in five cases so far: however, none has sought to compromise landlord claims, the preferred tool for which has until now been the CVA.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper
    Authors:
    David Manson , James Davison , David Ampaw , Robert Russell
    Location:
    United Kingdom
    Firm:
    DLA Piper
    'This is serious': are distressed assets Germanys new normal in the coronavirus era?
    2020-10-13

    COVID-19 and real estate: Germany’s economic situation and the legal framework from a real estate and restructuring perspective.

    Filed under:
    Germany, Insolvency & Restructuring, Real Estate, DLA Piper, Coronavirus
    Location:
    Germany
    Firm:
    DLA Piper
    Proposed COVID-19 related amendments to Irish company law
    2020-08-14

    The Companies (Miscellaneous Provisions) (COVID-19) Act 2020 (the Act) was passed by the Dáil on 30 July 2020 and, once commenced, will make temporary amendments to, inter alia, the Companies Act 2014 (the Companies Act) in order to address certain operational challenges that COVID-19 has presented to Irish companies.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus
    Location:
    Ireland
    Firm:
    DLA Piper

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