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    New options for creditors in German insolvency proceedings
    2011-11-14

    German Parliament passes “Act for the Further Facilitation of the Restructuring of Companies“ (Gesetz zur weiteren Erleichterung der Sanierung von Unternehmen, ESUG)

    Filed under:
    Germany, Insolvency & Restructuring, Latham & Watkins LLP, Shareholder, Debtor, Interest, Option (finance), Swap (finance), Hedge funds, Debt, Balance sheet, Forum shopping, Bundestag
    Authors:
    Frank Grell , Ulrich Klockenbrink
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    Litigation Funding Cements England’s Insolvency Litigation Hub Status
    2016-06-07

    Much like the English Scheme of Arrangement which has become a popular debt restructuring solution for international debtors, the English High Court is an attractive forum for insolvency litigation thanks to the potent combination of wide-ranging powers available to Insolvency Practitioners (IPs) under the Insolvency Act 1986, and the increasing availability of litigation funding arrangements in the London market.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Debt restructuring, Insolvency Act 1986 (UK), High Court of Justice
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Account transfer in the event of an FCM liquidation
    2011-11-04

    This Client Alert addresses the impact on a customer of a futures commission merchant (FCM) with respect to his or her accounts held by that FCM prior to a filing for bankruptcy under Title 11 of the United States Code, 11 U.S.C. §§ 101-1532 (the Bankruptcy Code) by the FCM.

    Summary

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Debtor, Commodity, Futures contract, Commodity broker, Liquidation, Pro rata, US Code, Title 11 of the US Code, Commodity Futures Trading Commission (USA), Trustee
    Authors:
    Mark A. Broude
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Update: cross-border leveraged lending – consider changes needed to US intercreditor agreements for financings with European elements
    2015-05-13

    Hybrid US/European restructurings can lead to unexpected commercial outcomes because of different practices in intercreditor agreements.

    Filed under:
    European Union, USA, Banking, Insolvency & Restructuring, Latham & Watkins LLP, Debtor
    Location:
    European Union, USA
    Firm:
    Latham & Watkins LLP
    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
    Recent developments in acquisition finance
    2011-12-21

    In the last several months, there have been some significant legal developments that could impact acquisition finance. This article will survey some of the more notable ones.

    In a case with implications for buyers of assets in a bankruptcy court-ordered sale under section 363(b) of the Bankruptcy Code, the Bankruptcy Court for the Southern District of New York recently issued a decision limiting the ability of manufacturers that are debtors in a bankruptcy case to sell assets free and clear of future liabilities.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Dechert LLP, Bankruptcy, Debtor, Collateral (finance), Title 11 of the US Code, United States bankruptcy court
    Authors:
    Jeffrey M. Katz , Scott M. Zimmerman
    Location:
    USA
    Firm:
    Dechert LLP
    Bankruptcy Code’s patent protection extended to licensees of foreign debtors in chapter 15 case
    2011-11-09

    In a case of first impression, In re Qimonda AG, the Bankruptcy Court for the Eastern District of Virginia (the “Bankruptcy Court”) found that the protections of section 365(n) of the Bankruptcy Code are available to licensees of U.S. patents in a chapter 15 case even when these protections are not available under the foreign law applicable to the foreign debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Patents, Dechert LLP, Royalty payment, Bankruptcy, Debtor, Remand (court procedure), Comity, Debtor in possession, Title 11 of the US Code, United States bankruptcy court, US District Court for Eastern District of Virginia
    Location:
    USA
    Firm:
    Dechert LLP
    Appointing a Future Claims Representative: Recent Developments
    2019-10-11

    A New Jersey District Court recently addressed several issues in connection with the appointment of a future claims representative (“FCR”). In light of the recent increase in mass-tort bankruptcy cases, exploring these issues is timely.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Dechert LLP, Debtor, Title 11 of the US Code
    Location:
    USA
    Firm:
    Dechert LLP

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