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    Enforcement of intercreditor agreements — when should their terms give way to the "bankruptcy imperative"?
    2011-04-07

    Recently, several courts have added to the growing body of decisions construing intercreditor agreements in bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Collateral (finance), Waiver, Interest, Debt, Mortgage loan, Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    Mitchell A. Seider
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Recent developments in insolvency law
    2014-09-10

     

    Filed under:
    Italy, Insolvency & Restructuring, Latham & Watkins LLP, Debtor, Limited liability partnership
    Location:
    Italy
    Firm:
    Latham & Watkins LLP
    District court reverses bankruptcy court’s decision in TOUSA
    2011-03-15

    3V Capital Master Fund LTD. v. Official Comm. of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2011 U.S. Dist. LEXIS 14019 (S.D. Fla. Feb. 11, 2011).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Surety, Debtor, Unsecured debt, Breach of contract, Interest, Debt, Subsidiary, Secured loan, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, US District Court for Southern District of Florida
    Authors:
    Mitchell A. Seider , Melinda C. Franek , Emily B. Menchel
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Material reform of the Spanish Insolvency Law
    2014-03-18

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in the United
    Kingdom, France, Italy and Singapore and as affiliated partnerships conducting the practice in Hong Kong and Japan. Latham & Watkins practices in Saudi Arabia in association with the Law Office of Salman M.

    Filed under:
    Spain, Insolvency & Restructuring, Latham & Watkins LLP, Debtor, Sustainability, Limited liability partnership, Refinancing
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    Beware of creditors bearing gifts: the Second Circuit’s recent decision in In re: DBSD North America, Inc. casts significant doubt on “gift” plans
    2011-02-28

    On February 7, 2011 the United States Court of Appeals for the Second Circuit issued its eagerly awaited opinion in the consolidated appealIn re: DBSD North America, Inc., Docket Nos. 10-1175, 10-1201, 10-1352, 2010 U.S. App. LEXIS 27007.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Share (finance), Bankruptcy, Debtor, Unsecured debt, Dividends, Federal Reporter, Liquidation, Secured creditor, Second Circuit, United States bankruptcy court, First Circuit
    Authors:
    Mark A. Broude , Jason B. Sanjana
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Spanish Insolvency Act amendment offers comfort to parties in Sareb transactions
    2013-12-17

    Market participants welcome a clarification extending equitable subordination exemptions granted Sareb to those subsequently purchasing debt from Sareb.

    On November 30, 2013, the Spanish legislator approved a recent amendment to Spanish insolvency law, introduced in March 2013, to clarify that a claim transferred to Spanish “bad bank” Sareb, and subsequently sold by Sareb to a third party, will also be exempt from equitable subordination risk.

    Background

    Filed under:
    Spain, Insolvency & Restructuring, Latham & Watkins LLP, Tax exemption, Credit (finance), Debtor, Debt
    Authors:
    Ignacio Pallarés , John Houghton , Javier López Antón , Fernando Colomina Nebreda
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    Decree Law No. 78 of 31 May 2010 as converted by Law No. 122 of 30 July 2010: additional changes to Italian bankruptcy law
    2011-02-28

    Italian bankruptcy law — Royal Decree No. 267 of 16 March 1942 — (the Bankruptcy Law) underwent a substantial reform between 2005 and 20091, mainly aimed at introducing (i) a more efficient regulation of the pre-bankruptcy agreement procedure (concordato preventivo)2 and (ii) new pre-bankruptcy schemes of arrangements, in the form of the out-of-court debt restructuring plan (piano attestato di risanamento)3 and the debt restructuring agreement (accordo di ristrutturazione dei debiti)4.

    Filed under:
    Italy, USA, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Shareholder, Debtor, Debt, Debt restructuring, Bridge loan, Credit crunch
    Authors:
    Andrea Novarese , Maria Cristina Storchi
    Location:
    Italy, USA
    Firm:
    Latham & Watkins LLP
    Quebecor decision: capital markets transactions protected in bankruptcy safe harbor
    2013-07-18

    Second Circuit’s Quebecor bankruptcy decision offers comfort to capital markets participants that certain transactions will qualify for the Section 546(e) safe harbor.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Security (finance), Commercial paper, Enron, Second Circuit
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    The impact of CDS on restructurings
    2011-02-24

    Restructuring companies in respect of which there exists a significant credit default swaps (CDS) market adds an additional level of complexity which the debtor and all stakeholders should consider and assess early on in the process, as it could determine the success or failure of a restructuring plan.

    Filed under:
    European Union, Global, USA, Derivatives, Insolvency & Restructuring, Latham & Watkins LLP, Bond (finance), Bankruptcy, Credit (finance), Debtor, Interest, Swap (finance), Credit risk, Maturity (finance), Balance sheet, Credit default swap
    Authors:
    John Houghton
    Location:
    European Union, Global, USA
    Firm:
    Latham & Watkins LLP
    Second Circuit rules on timing of “Center of Main Interests” inquiry
    2013-05-28

    Chapter 15 of the Bankruptcy Code is designed to provide an effective mechanism to aid insolvency proceedings in foreign countries that involve a foreign debtor with assets, creditors and other parties in interest located in the foreign country as well as in United States. A foreign representative that is authorized to administer the foreign reorganization or liquidation or act as a representative of the foreign proceeding is the party who applies to the US bankruptcy court for recognition of the foreign proceeding.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Liquidation, Title 11 of the US Code, Second Circuit, United States bankruptcy court
    Location:
    USA
    Firm:
    Latham & Watkins LLP

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