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    Austria: Increased due diligence obligations for shareholder creditors?
    2018-10-19

    The Austrian Insolvency Code provides for the possibility to challenge certain disadvantageous transactions carried out by the debtor after material insolvency has occurred, especially if the creditor knew or should have known of its debtor's material insolvency. This risk of legal actions being contested is of particularly high relevance for shareholders who are also creditors of the debtor company, as the Austrian Supreme Court recently decided that shareholders' information rights would result in an increased level of due diligence.

    Filed under:
    Austria, Company & Commercial, Insolvency & Restructuring, Litigation, Schoenherr, Employee stock ownership plan, Venture capital
    Location:
    Austria
    Firm:
    Schoenherr
    Corporate restructuring and employee benefit trusts
    2009-11-30

    In the current economic environment, there are a number of entities that are being restructured. Our current experience has been that such restructurings fall into two areas, namely a debt for equity swap or a release of “toxic” assets from a group structure in order to minimise exposure to this asset class.

    Debt for Equity Swap

    Filed under:
    Jersey, Employee Benefits & Pensions, Insolvency & Restructuring, Ogier, Share (finance), Shareholder, Debtor, Employee stock ownership plan, Dividends, Interest, Option (finance), Debt, Initial public offerings, Balance sheet, Preferred stock, Consolidation (business)
    Location:
    Jersey
    Firm:
    Ogier
    Harper v. Conco ESOP Trustees
    2016-07-08

    (W.D. Ky. July 7, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Bankruptcy, Debtor, Injunction, Employee stock ownership plan, Limited liability company, Limited liability partnership, Trustee, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Employee Benefit Trusts and insolvency - the next big thing?
    2017-10-03

    Remuneration schemes involving Employee Benefit Trusts (EBTs) have become more prevalent over the last 20 years, often as a way of seeking to remunerate key employees without making pay as you earn or national insurance contributions. Given the developments highlighted below, insolvency practitioners are advised to investigate such schemes in matters coming across their desks to see whether funds can be clawed back for the benefit of creditors.

    HM Revenue and Customs’ opinion on EBT schemes

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Squire Patton Boggs, Employee stock ownership plan, Tax avoidance, HM Revenue and Customs (UK)
    Authors:
    Oliver Ward-Jones
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Bankruptcy court approves sale of Chrysler assets to Fiat S.P.A.
    2009-06-01

    Late Sunday night, U.S. Bankruptcy Judge Arthur Gonzalez approved the sale of most of Chrysler's assets to Italian Automaker Fiat S.p.A., as contemplated in the Master Transaction Agreement between the two companies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Employee stock ownership plan, Retirement, Secured loan, United Automobile Workers, Chrysler, US Constitution, Emergency Economic Stabilization Act 2008 (USA), United States bankruptcy court
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
    Employee Benefit Trusts and insolvency - the next big thing?
    2017-10-03

    Remuneration schemes involving Employee Benefit Trusts (EBTs) have become more prevalent over the last 20 years, often as a way of seeking to remunerate key employees without making pay as you earn or national insurance contributions. Given the developments highlighted below, insolvency practitioners are advised to investigate such schemes in matters coming across their desks to see whether funds can be clawed back for the benefit of creditors.

    HM Revenue and Customs’ opinion on EBT schemes

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Tax, Squire Patton Boggs, Employee stock ownership plan, Tax avoidance, HM Revenue and Customs (UK)
    Authors:
    Oliver Ward-Jones
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Corporate restructuring and employee benefit trusts
    2009-11-30

    In the current economic environment, there are a number of entities that are being restructured. Our current experience has been that such restructurings fall into two areas, namely a debt for equity swap or a release of “toxic” assets from a group structure in order to minimise exposure to this asset class.

    Debt for Equity Swap

    Filed under:
    Jersey, Employee Benefits & Pensions, Insolvency & Restructuring, Ogier, Share (finance), Shareholder, Debtor, Employee stock ownership plan, Dividends, Interest, Option (finance), Debt, Initial public offering, Balance sheet, Preferred stock, Consolidation (business)
    Location:
    Jersey
    Firm:
    Ogier
    Harper v. Conco ESOP Trustees
    2016-07-08

    (W.D. Ky. July 7, 2016)

    Filed under:
    USA, Kentucky, Insolvency & Restructuring, Litigation, Stoll Keenon Ogden PLLC, Bankruptcy, Debtor, Injunction, Employee stock ownership plan, Limited liability company, Limited liability partnership, United States bankruptcy court, Trustee
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Bankruptcy court approves sale of Chrysler assets to Fiat S.P.A.
    2009-06-01

    Late Sunday night, U.S. Bankruptcy Judge Arthur Gonzalez approved the sale of most of Chrysler's assets to Italian Automaker Fiat S.p.A., as contemplated in the Master Transaction Agreement between the two companies.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Alston & Bird LLP, Bankruptcy, Employee stock ownership plan, Retirement, Secured loan, US Constitution, Emergency Economic Stabilization Act 2008 (USA), United Automobile Workers, Chrysler, United States bankruptcy court
    Authors:
    Zachary Chapman
    Location:
    USA
    Firm:
    Alston & Bird LLP
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