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    Tax in debt restructuring
    2013-06-12

    The uncertainty continues. Over the past few years, the published guidance from HMRC has given rise to doubts as to the tax treatment of debt-for-equity swaps. Whether the current legislation has supported HMRC’s position is debatable but it now appears that HMRC would like to have the legislation amended to more closely reflect its views.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, CMS Cameron McKenna Nabarro Olswang LLP, Debt, HM Revenue and Customs (UK)
    Authors:
    Emma Riddle
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    CMS guide to restructuring, insolvency and distressed debt trading
    2011-03-01

    We are delighted to present the CMS guide to Restructuring, Insolvency and Distressed Debt Trading.

    Filed under:
    European Union, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Debt, Distressed securities
    Location:
    European Union
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Changes to insolvency procedure
    2011-02-17

    A number of changes have been made to insolvency procedure to remove various discrepancies and controversial practices:

    Filed under:
    Bulgaria, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Bankruptcy, Costs in English law, Debtor, Debt, Secured creditor, Capital punishment
    Authors:
    Atanas Bangachev , Desislava Vasileva
    Location:
    Bulgaria
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Hosking v Apax Partners LLP (unreported - 19 July 2016)
    2016-07-27

    The English Court refused an application by Liquidators to stay English proceedings pending the outcome of similar proceedings in the US.

    The Joint Liquidators of a Luxembourg company ("the Company") applied to stay English proceedings that they had brought against private equity investors ("the Defendants") until similar proceedings in the US had been resolved, or for three months to enable the Liquidators to raise finance for the litigation.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Private equity, Fraud, Limited liability partnership, Personal jurisdiction, Debt, Involuntary dismissal, Refinancing, Default (finance), Insolvency Act 1986 (UK)
    Authors:
    Alan Bennett , Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Advice for dealing with a New Year debt hangover
    2016-01-20

    Alan Bennett, South West chair of insolvency trade body R3 and Partner at Ashfords LLP, advises people on how to identify, assess and tackle money issues which may have arisen over the Christmas period, so they can avoid a debt hangover in 2016.

    Recent research by R3 found that 31% of people in the South West are worried about their current level of debt. Credit card repayments are the main cause of concern for those with debt worries, followed by an overdraft and mortgage repayments.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP, Debt
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Bankrupt's COMI: Deutsche Apotheker-Und Arztebank EG v Dr Ralph Rainer Leitzbach & Others
    2018-11-21

    A discharged Bankrupt had intentionally misled the Court as to his COMI being in England and Wales in order to obtain a Bankruptcy Order. Four years after the making of the Bankruptcy Order, the Court annulled it on the grounds that the Court did not have jurisdiction to make the Order in the first place.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Debtor, Dividends, Debt, European Council
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Thomas Dowling v Promontoria (Arrow) Limited
    2017-10-25

    Alan Bennett and Crispin Jones successfully acted for Mr Dowling in his application to set aside a Statutory Demand served on him by Promontoria (Arrow) Limited ("Promontoria") in the sum of €6,338,675.93. The decision has wide reaching implications for creditors seeking to rely on guarantees.

    Filed under:
    United Kingdom, Banking, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Private equity, Debt
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Re Dalnyaya Step LLC [2017] EWHC 756 (Ch)
    2017-06-27

    This case involved an application for security for costs against Mr Nogotkov who is, or claims to be, the Liquidator appointed by a Russian court of Dalnyaya Step LLC ("DSL").

    Filed under:
    Global, United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Debt, Liquidation, Liquidator (law), Subsidiary, High Court of Justice
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    Global, United Kingdom
    Firm:
    Ashfords LLP
    Tender offer approved to implement classwide debt exchange outside plan of reorganization
    2015-03-31

    Debt-for-equity swaps and debt exchanges are common features of out-of-court as well as chapter 11 restructurings. For publicly traded securities, out-of-court restructurings in the form of "exchange offers" or "tender offers" are, absent an exemption, subject to the rules governing an issuance of new securities under the Securities Exchange Act of 1933 (the "SEA") as well as the SEA tender offer rules.

    Filed under:
    USA, Delaware, Capital Markets, Insolvency & Restructuring, Litigation, Jones Day, Public company, Debt, Tender offer
    Authors:
    Charles M. Oellermann , Mark G. Douglas
    Location:
    USA
    Firm:
    Jones Day
    Puerto Rico's public corporation debt restructuring law ruled unconstitutional
    2015-03-27

    The Commonwealth of Puerto Rico's efforts to deal with more than $70 billion in debt have been a magnet for media scrutiny during the last two years. A question frequently asked in connection with the island territory's struggles to stay afloat is whether Puerto Rico, as an unincorporated territory of the U.S., could resort to a bankruptcy filing as a means of alleviating its financial problems. 

    Filed under:
    Puerto Rico, USA, Insolvency & Restructuring, Public, Jones Day, Debt, Constitutionality
    Authors:
    Scott J Greenberg , Mark G. Douglas
    Location:
    Puerto Rico, USA
    Firm:
    Jones Day

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