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    Supreme Court rules on rights of retention
    2012-08-17

    Summary
    Background

    Facts
    Lower court judgments
    Supreme Court judgment
    Comment


    Summary

    Filed under:
    Japan, Banking, Insolvency & Restructuring, Litigation, Jones Day, Debtor, Clearing house (finance), Debt
    Authors:
    Rika Sato
    Location:
    Japan
    Firm:
    Jones Day
    The International Stock Exchange: Continuing Obligations - Debt Securities
    2019-01-01

    1. Purpose

    This client briefing has been prepared in order to assist directors of companies which have listed debt securities on The International Stock Exchange (TISE or theExchange) pursuant to the listing rules (the Listing Rules) of The International Stock Exchange Authority Limited (the Authority). The Listing Rules are available on TISE's website.

    Filed under:
    Jersey, Capital Markets, Company & Commercial, Insolvency & Restructuring, Ogier, Bankruptcy, Security (finance), Debt, Stock exchange, Listing Rules
    Location:
    Jersey
    Firm:
    Ogier
    Lehman Brothers insolvency proceedings in the US, UK and Japan
    2008-09-16

    The Bankruptcy Filing

    Filed under:
    Japan, United Kingdom, USA, Banking, Capital Markets, Insolvency & Restructuring, Locke Lord LLP, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Security (finance), Investment management, Swap (finance), Debt, Investment banking, Holding company, Broker-dealer, Lehman Brothers, Securities Investor Protection Corporation, Title 11 of the US Code
    Location:
    Japan, United Kingdom, USA
    Firm:
    Locke Lord LLP
    Jersey corporate insolvency: the two regimes
    2011-05-10

    Introduction

    There are two principal regimes for corporate insolvency in Jersey: désastre and winding-up. This Briefing seeks to highlight the major features of each and some of the differences between the two.  

    Désastre

    The law of désastre arose out of the common law of Jersey, although since 1991 the common law has only applied to the extent that express provision is not made in the Bankruptcy (Désastre) (Jersey) Law 1990 (the "Désastre Law").

    Who may commence the process?

    Filed under:
    Jersey, Insolvency & Restructuring, Litigation, Bedell Cristin, Debtor, Dividends, Debt, Ex parte, Liquidation, Balance sheet, Common law, Cashflow, Dissolution (law)
    Authors:
    Anthony Dessain , Robert Gardner
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Administration orders - letters of request to the UK court
    2010-06-17

    In the matter of the representation of Anglo Irish Asset Finance [2010] JRC087

    This is the latest decision of the Royal Court in relation to an application by a UK creditor (a bank) for a letter of request to be issued to the English High Court requesting that an administration order be made in respect of a Jersey company.

    Filed under:
    Jersey, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ogier, Unsecured debt, Solicitor, Debt, Holding company, Balance sheet, Default (finance), Secured creditor, Insolvency Act 1986 (UK), High Court of Justice (England & Wales)
    Location:
    Jersey, United Kingdom
    Firm:
    Ogier
    Corporate restructuring and employee benefit trusts
    2009-11-30

    In the current economic environment, there are a number of entities that are being restructured. Our current experience has been that such restructurings fall into two areas, namely a debt for equity swap or a release of “toxic” assets from a group structure in order to minimise exposure to this asset class.

    Debt for Equity Swap

    Filed under:
    Jersey, Employee Benefits & Pensions, Insolvency & Restructuring, Ogier, Share (finance), Shareholder, Debtor, Employee stock ownership plan, Dividends, Interest, Option (finance), Debt, Initial public offerings, Balance sheet, Preferred stock, Consolidation (business)
    Location:
    Jersey
    Firm:
    Ogier
    Insolvency procedures in respect of Jersey companies
    2009-03-23

    The credit crunch has put pressure on a wide range of structures and, as a result, lenders, borrowers and other counterparties are looking more closely at the impact of possible insolvency proceedings. As Jersey companies have often been used in cross-border finance transactions, it is important to be aware of the differences between Jersey and English insolvency procedures for companies.  

    What are the main Jersey insolvency procedures for a Jersey company?

    These are:-  

    Filed under:
    Jersey, Insolvency & Restructuring, Ogier, Share (finance), Shareholder, Debtor, Fraud, Fiduciary, Debt, Liquidation, Liquidator (law), Insolvency Act 1986 (UK), Companies Act 1985 (UK)
    Location:
    Jersey
    Firm:
    Ogier
    OW Bunker's bankruptcy: will you have to pay your bunker debts twice?
    2016-07-13

    Introduction

    In November 2014 OW Bunker – one of the world's largest bunker suppliers and traders – filed for in-court restructuring for major parts of its business. This triggered a number of cases involving shipowners or operators that had contracted with OW, but had been physically supplied bunkers by a third party. In such cases, shipowners are at risk of having to pay their bunker debts twice if the physical supplier fails to receive payment under its supply contract with OW.

    Filed under:
    Lebanon, Insolvency & Restructuring, Litigation, Shipping & Transport, Wakim & Associates, Accounts receivable, Debt, ING Group
    Authors:
    Zeina Wakim
    Location:
    Lebanon
    Firm:
    Wakim & Associates
    Transactions at risk when entered into by a company in financial distress
    2009-05-20

    When doing business with a Luxembourg company in financial distress, the counterpart should be aware that certain transactions are at risk.

    Doing business with a bankrupt Luxembourg company

    A bankrupt Luxembourg company is automatically deprived from the administration of its assets. All transactions must be entered into by the receiver in bankruptcy acting in the name and on behalf of the bankrupt company.

    Filed under:
    Luxembourg, Insolvency & Restructuring, NautaDutilh, Bond (finance), Bankruptcy, Collateral (finance), Interest, Ex post facto law, Consideration, Debt, Due diligence, Commercial paper
    Authors:
    Thibaut Willems
    Location:
    Luxembourg
    Firm:
    NautaDutilh
    The court’s role in a bankruptcy proceeding in Mexico
    2017-07-24

    1. Introduction

    Filed under:
    Mexico, Insolvency & Restructuring, SOLCARGO, Bankruptcy, Debt, Liquidation, Asset forfeiture, Liquidator (law)
    Authors:
    Fernando Pérez-Correa , Francisco Abimael Hernández
    Location:
    Mexico
    Firm:
    SOLCARGO

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