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    A view from Italy: new ‘composition with creditors’ in light of recent rules introduced by Article 33 of Law Decree No. 83 June 22, 2012
    2012-11-09

    Law Decree No. 83/2012, providing “Urgent Measures for the Country's Development”

    Law Decree No. 83 of 22 June 2012 (the “Decree”), effective as from 26 June 2012 and converted into law with amendments1, has introduced important measures aimed at stimulating the Italian economy (also referred to as “Decreto Sviluppo”).

    The Decree, consisting of seventy articles, sets forth a heterogeneous set of rules, including, among other provisions, significant amendments to the Italian Bankruptcy Law.2

    Filed under:
    Italy, Insolvency & Restructuring, Greenberg Traurig LLP, Debtor, Title 11 of the US Code
    Authors:
    Alberto Santa Maria
    Location:
    Italy
    Firm:
    Greenberg Traurig LLP
    There’s a Chapter 15?: A Look at the Impact of Chapter 15 Bankruptcy Proceedings on Trade Creditors
    2016-01-07

    Recently, Japanese bulk-shipping company Daiichi Chuo Kisen Kaisha sought bankruptcy protection in both Tokyo and New York. The company, which features a fleet of 185 vessels used primarily to transport cargo such as limestone, cement and coal overseas, commenced its United States bankruptcy proceedings by filing a Chapter 15 petition in the United States Bankruptcy Court for the Southern District of New York.

    Filed under:
    Japan, USA, Insolvency & Restructuring, Shipping & Transport, Benesch Friedlander Coplan & Aronoff LLP, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Kevin M. Capuzzi
    Location:
    Japan, USA
    Firm:
    Benesch Friedlander Coplan & Aronoff LLP
    Corporate reorganization of Takefuji corporation
    2010-10-04

    Court Acceptance of Petition for Corporate Reorganization

    Filed under:
    Japan, Insolvency & Restructuring, White & Case, Shareholder, Debtor, Unsecured debt, Debt, Liability (financial accounting), Balance sheet, Debtor in possession, Market value, Trustee
    Authors:
    Koichiro Ohashi
    Location:
    Japan
    Firm:
    White & Case
    Settlement of mortgage as gratuitous act
    2012-02-17

    Background
    Facts

    Decision


    On March 1 2011 Tokyo District Court issued a decision which admitted the right of avoidance exercised by the court-appointed administrator of a corporate debtor in possession under civil rehabilitation proceedings, where the debtor company had settled a mortgage for a financing company as the real guarantor of its parent company.

    Background

    Filed under:
    Japan, Banking, Insolvency & Restructuring, Jones Day, Debtor, Mortgage loan, Debtor in possession
    Authors:
    Rika Sato
    Location:
    Japan
    Firm:
    Jones Day
    Supreme Court ruling on reimbursement claims for salary payments
    2012-05-18

    Background
    Facts

    Lower court decisions
    Supreme Court decision

    Filed under:
    Japan, Insolvency & Restructuring, Litigation, Jones Day, Bankruptcy, Debtor
    Authors:
    Rika Sato
    Location:
    Japan
    Firm:
    Jones Day
    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
    When is a company split a fraudulent act?
    2012-12-21

    Introduction
    Facts
    Facts
    Decision
    Comment



    Introduction

    Filed under:
    Japan, Insolvency & Restructuring, Litigation, Jones Day, Surety, Debtor, Fraud, Liability (financial accounting)
    Authors:
    Rika Sato
    Location:
    Japan
    Firm:
    Jones Day
    Debtor-in-possession proceedings in Japan - an opportunity for distressed investors or a cautionary tale?
    2013-03-11

    Introduction

    Filed under:
    Japan, Company & Commercial, Insolvency & Restructuring, Litigation, Hogan Lovells, Debtor, Debtor in possession
    Authors:
    Neil McDonald , Philip Hyde , Jonathan Green , Richard Bleackley
    Location:
    Japan
    Firm:
    Hogan Lovells
    MtGox seeks protection under chapter 15 of the Bankruptcy Code
    2014-03-28

    In late February 2014, MtGox Co., Ltd (“MtGox”), once the largest bitcoin exchange in the world, suspended all trading on its exchange after internal investigations revealed a loss of approximately 750,000 of its customers’ bitcoins worth nearly $473 million. That loss caused MtGox to become insolvent.

    Filed under:
    Japan, USA, Insolvency & Restructuring, Litigation, Reed Smith LLP, Debtor, Title 11 of the US Code
    Authors:
    Luke A. Sizemore
    Location:
    Japan, USA
    Firm:
    Reed Smith LLP
    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

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