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    Spanish Insolvency Act changes — continuation of the trends set by the 2009 reform
    2011-10-27

    In line with the trend of the first reform to the Spanish Insolvency Act of 2003 carried out on March 2009 (the 2009 Reform), new amendments to the Spanish Insolvency Act (the SIA) were approved on 4 October 2011 (the Amendment). This Amendment will enter into force on 1 January 2012.

    Filed under:
    Spain, Insolvency & Restructuring, Latham & Watkins LLP, Debtor, Debt, Deed, Liability (financial accounting), Liquidation, Moratorium (law), Refinancing, Distressed securities, Constitutional amendment
    Authors:
    Ignacio Pallarés , Xavier Pujol , Manuel Deó
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    Is your ORRI what you think it is?
    2015-05-04

    Bankruptcy Court reinforces importance of parties’ intent in determining the nature of overriding royalty interests under state law.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, United States bankruptcy court
    Authors:
    Mitchell A. Seider , Keith A. Simon , Annemarie V. Reilly
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Seventh Circuit disagrees with Philadelphia Newspapers and finds that credit bidding required for asset sales in bankruptcy plans
    2011-07-18

    When entering into secured transactions, most secured lenders long assumed that, even in a bankruptcy, their borrowers would not be able to sell encumbered assets free and clear of the lenders’ liens without the lenders’ consent or, without at least providing the lenders the opportunity to bid their secured debt at an auction.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Credit (finance), Debtor, Interest, Limited liability company, Secured creditor, Secured loan, US Congress, SCOTUS, United States bankruptcy court, Third Circuit, Seventh Circuit
    Authors:
    Caroline A. Reckler , Matthew L. Warren
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Oil and gas restructurings: exploration and production companies face unique issues
    2015-01-06

    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. The Law Office of Salman M. Al-Sudairi is Latham & Watkins associated office in the

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Latham & Watkins LLP, Debtor, Limited liability partnership
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Coeur Défense safeguard proceedings: lessons to be learnt from the French Supreme Court decision
    2011-05-18

    Introduction

    On 8 March 20111, the French Supreme Court issued an important decision for the restructuring, finance and private equity communities and their advisers in connection with the on-going litigation surrounding the Coeur Défense restructuring.

    Filed under:
    France, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Private equity, Debt, Holding company, Conveyancing, Leverage (finance), Secured loan, Lehman Brothers, Court of Appeal of England & Wales, Court of Appeal of Paris
    Authors:
    Hervé Diogo Amengual
    Location:
    France
    Firm:
    Latham & Watkins LLP
    Lawmakers enact Spanish insolvency law
    2014-10-24

    Royal Decree Law 4/2014, intended to promote efficiency in Spanish insolvency proceedings, is officially enacted with some important updates.

    The Spanish legislature has finally enacted Royal Decree Law 4/2014 (the March Reform). Now known as Law 17/2014, of 30 September (the Act), the new law implements urgent measures regarding refinancing and restructuring of corporate debt. In addition to formally enacting the March Reform, the Spanish legislature included a few updates that are worth highlighting.

    Pre-Insolvency Communication

    Filed under:
    Spain, Insolvency & Restructuring, Latham & Watkins LLP, Debtor
    Authors:
    Ignacio Pallarés , Javier López Antón , Fernando Colomina Nebreda
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    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

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