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    Restructuring and insolvency in Luxembourg (part 1)
    2014-07-11

    INTRODUCTION

    Luxembourg is one of the leading domiciles worldwide for international investment vehicles. This leading position has arisen from the combination of the following core factors:

    Filed under:
    Luxembourg, Insolvency & Restructuring, Ogier, Foreign direct investment, Debtor
    Location:
    Luxembourg
    Firm:
    Ogier
    Restructuring and insolvency in Luxembourg (Part 2)
    2014-07-16

    RESTRUCTURING - COURT PROCEDURES

    Formal, court-driven restructuring proceedings are available into Luxembourg law, but for practical reasons, these are rarely used in practice.

    Reprieve from payment procedure (sursis de paiement)

    Filed under:
    Luxembourg, Insolvency & Restructuring, Litigation, Ogier, Debtor
    Location:
    Luxembourg
    Firm:
    Ogier
    Insolvency protection of creditors and collateral takers
    2011-11-25

    Constitution and perfection of collateral arrangements
    Insolvency aspects of collateral arrangements
    Beneficiary of collateral

    Remedy for potential conflict with depository
    Rights attached to the collateral

    Filed under:
    Luxembourg, Banking, Insolvency & Restructuring, NautaDutilh, Debtor, Collateral (finance)
    Authors:
    Josée Weydert , Margaretha Wilkenhuysen
    Location:
    Luxembourg
    Firm:
    NautaDutilh
    Insolvency protection of creditors and collateral takers
    2011-11-25

    Constitution and perfection of collateral arrangements
    Insolvency aspects of collateral arrangements
    Beneficiary of collateral

    Remedy for potential conflict with depository
    Rights attached to the collateral

    Filed under:
    Luxembourg, Insolvency & Restructuring, NautaDutilh, Debtor, Collateral (finance)
    Authors:
    Josée Weydert , Margaretha Wilkenhuysen
    Location:
    Luxembourg
    Firm:
    NautaDutilh
    Does A Going Concern Constitute Adequate Security?
    2018-11-12

    Any lending of funds needs to be adequately secured. This is a practice which every lender knows and should observe in order to adequately protect his credit. However, the meaning of "adequate security" is not straight forward and lenders must be careful when selecting their preferred security 

    Filed under:
    Malta, Banking, Insolvency & Restructuring, Litigation, MAMO TCV Advocates, Debtor, Foreclosure, Prejudice
    Authors:
    Kevin Cutajar
    Location:
    Malta
    Firm:
    MAMO TCV Advocates
    Vitro asks U.S. court to compel Mexican bankruptcy plan
    2012-10-08

    Founded in 1909, Vitro, S.A.B. de C.V., is the leading glass manufacturer in Mexico, and one of the largest in the world, backed by more than 100 years of experience in the industry. It is headquartered in Monterrey, Mexico, and has subsidiaries in Europe and the Americas.

    Filed under:
    Mexico, USA, Insolvency & Restructuring, Litigation, Martin-Sanchez & Leon de la Barra, LLP, Bankruptcy, Debtor, Title 11 of the US Code, United States bankruptcy court
    Location:
    Mexico, USA
    Firm:
    Martin-Sanchez & Leon de la Barra, LLP
    Fifth Circuit confirms denial of recognition to Mexican concurso that releases claims against non-debtors
    2013-03-20

    Over the last several years, the number of Chapter 15 filings has continued to grow. One of the most prominent of these bankruptcy filings is the Vitro S.A.B. de C.V. case. When last we reported on theVitro case, the Texas bankruptcy court administering the Chapter 15 case had denied recognition to the Mexican restructuring plan of Vitro because the plan provided third party releases to non-debtors. See Vitro, S.A.B.: Bankruptcy Court Refuses to Recognize Mexican Concurso That Releases Claims Against Non-Debtors” (November 2012).

    Filed under:
    Mexico, USA, Insolvency & Restructuring, Litigation, Chadbourne & Parke LLP, Debtor, Federal Reporter, United States bankruptcy court, Fifth Circuit
    Authors:
    Francisco Vazquez , Michaela Cohen
    Location:
    Mexico, USA
    Firm:
    Chadbourne & Parke LLP
    Mitigating the Vitro effect: Mexican lawmakers approved the most ambitious bankruptcy law reform since its enactment back in 2000, aiming to ensure creditors' rights
    2014-01-31

    On January 10, 2014, the Federal Executive Branch of México published in the Official Gazette the legal amendments to México’s Commercial Bankruptcy Law (Ley de Concursos Mercantiles, or LCM), effecting the most comprehensive set of changes to the LCM since its enactment over 13 years ago, and establishing new rules for bankruptcy proceedings in México with the intent to improve the position of creditors dealing with the insolvency of local companies.

    Filed under:
    Mexico, Insolvency & Restructuring, White & Case, Bankruptcy, Shareholder, Debtor, Debt, Holding company
    Location:
    Mexico
    Firm:
    White & Case
    Insolvency/Restructuring in Montenegro
    2016-05-11

    Bankruptcy and reorganization are the two primary procedures available for solving a collective action problem in dealing with financially troubled debtors, and both are regulated by the Montenegrin Insolvency Act. Bankruptcy envisages settlement with creditors by sale of the debtor’s assets or sale of the debtor as a legal entity, while reorganization involves settlement with creditors in accordance with an adopted reorganization plan which redefines mutual debtor-creditor relations.

    Filed under:
    Montenegro, Insolvency & Restructuring, Schoenherr, Bankruptcy, Debtor
    Authors:
    Nikola Babic , Jovan Barovic
    Location:
    Montenegro
    Firm:
    Moravčević Vojnović and Partners in cooperation with Schoenherr
    A new Insolvency Act
    2013-01-07

    The Moldovan Parliament adopted a new insolvency law on 29 June 2012. The In-solvency Act No. 149 (Act No. 149), which will enter into force on 14 March 2013, is evolutionary rather than revolutionary, as its main goal appears to be the optimiza-tion of the existing insolvency procedures.

    Following the new act’s entry into force, insolvency cases shall fall under the compe-tence of the court of appeal where the seat of the debtor is located. Also each such court of appeal shall hold a public register of insolvency cases.

    Timing

    Filed under:
    Moldova, Insolvency & Restructuring, Schoenherr, Debtor, Liquidator (law)
    Authors:
    Andrian Guzun
    Location:
    Moldova
    Firm:
    Schoenherr

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