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    Amendment of restructuring programme - unclear and unknown debts
    2016-12-23

    Introduction

    Filed under:
    Finland, Insolvency & Restructuring, HPP Attorneys Ltd, Debtor, Debt
    Authors:
    Klaus Majamäki
    Location:
    Finland
    Firm:
    HPP Attorneys Ltd
    New statute amends Bankruptcy Act
    2019-08-16

    The Bankruptcy Act has been amended by a statute which came into force on 1 July 2019. The amendments aim to simplify and accelerate bankruptcy proceedings. This article focuses on amendments that affect the position of creditors located outside Finland.

    Lodgement of claims

    Filed under:
    Finland, Insolvency & Restructuring, HPP Attorneys Ltd, Debtor
    Authors:
    Klaus Majamäki
    Location:
    Finland
    Firm:
    HPP Attorneys Ltd
    International corporate insolvency
    2007-09-10

    What and where is a company's ‘centre of main interest’ – its COMI – and why should you care? This is not an esoteric question but a live issue in determining which nation's courts and laws deal with international insolvency issues including administration and liquidation.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, BDB Pitmans LLP, Shareholder, Debtor, Interest, Liquidation, Freedom of movement, In rem jurisdiction, European Commission
    Location:
    European Union, United Kingdom
    Firm:
    BDB Pitmans LLP
    Bankruptcy estate's liability for maintenance charges
    2016-05-27

    Background

    Filed under:
    Finland, Company & Commercial, Insolvency & Restructuring, Litigation, HPP Attorneys Ltd, Bankruptcy, Shareholder, Debtor, Accounts receivable, Liability (financial accounting)
    Authors:
    Juho Lenni-Taattola , Lasse Luoma
    Location:
    Finland
    Firm:
    HPP Attorneys Ltd
    Do retention of title clauses protect the seller in bankruptcies?
    2013-02-06

    Retention of title clauses are clauses by which the title to property to be sold is retained by the seller until the purchase price has been paid in full. This is an exception to the general rule provided in the Finnish Sale of Goods Act, according to which the title to property is transferred to the buyer at the same time as possession.

    Filed under:
    Finland, Insolvency & Restructuring, Castrén & Snellman, Bankruptcy, Debtor, Title retention clause
    Authors:
    Elina Pesonen , Pauliina Tenhunen
    Location:
    Finland
    Firm:
    Castrén & Snellman
    The French trust: the fiducie
    2019-06-05

    1. Background

    The sauvegarde filing by Camaïeu’s holding company Modacin France SAS (Holdco) has been reported in the French press as one of the first cases where a safeguard proceeding has been opened by a company’s management in order to prevent its creditors from enforcing the fiducie previously granted to them over the shares of Holdco’s subsidiary as part of a court-approved restructuring proceeding (conciliation) of the group back in 2016.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor
    Authors:
    Monica Dupont-Barton , Lorène Sani
    Location:
    France
    Firm:
    Reed Smith 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, Debtor
    Authors:
    Céline Domenget Morin , Saam Golshani , Alexis Hojabr
    Location:
    France
    Firm:
    White & Case
    Restructuring Alert - April 2017
    2017-04-24

    Introduction

    The Sapin II Act of November 8 2016 amended the regime governing directors' liability in an insolvency scenario in order to encourage the recovery of honest directors of failed businesses.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Debtor, Liability (financial accounting), Negligence, Liquidation, Liquidator (law)
    Authors:
    Nicolas Morelli , Celine Nezet
    Location:
    France
    Firm:
    Bird & Bird LLP
    European Restructuring Landscape Improves with Multiple Reforms
    2016-06-07

    In light of the UK’s cram down and director-friendly processes, in particular its scheme of arrangement model, major European economies such as France, Germany and Italy have worked hard to develop regimes that give greater emphasis to pre-insolvency alternatives. These new regimes create cram down mechanisms and encourage debtor-in-possession (DIP) financings, ultimately aiming to make restructuring plans more accessible, more efficient, and crucially more reliable; essentially more in tune with the Anglo-American approach to insolvency and restructuring.

    Filed under:
    France, Germany, Italy, United Kingdom, Insolvency & Restructuring, Latham & Watkins LLP, Debtor, Debt
    Authors:
    Hervé Diogo Amengual , Frank Grell , Helena Potts , Andrea Novarese
    Location:
    France, Germany, Italy, United Kingdom
    Firm:
    Latham & Watkins LLP
    Meanwhile, in the courts…
    2016-06-30

    Increased vigilance required in actions for recovery: a "yes, but" does not constitute acceptance

    In the presence of a retention of title clause where collective insolvency proceedings are initiated against a debtor, the creditor must file a request for the recovery of goods sold under the retention of title clause before the judicial administrator within three months from the date the opening judgment is published in the Bodacc (Official Bulletin of Civil and Commercial announcements).

    Filed under:
    France, Company & Commercial, Insolvency & Restructuring, Internet & Social Media, Litigation, Baker McKenzie, Debtor, Title retention clause
    Authors:
    Clotilde Guyot-Réchard , Katia Boneva-Desmicht
    Location:
    France
    Firm:
    Baker McKenzie

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