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    Personal Insolvencies in England & Wales- a case of location, location, location?
    2017-07-25

    On 13 July, the Insolvency Service published its annual review of personal insolvency statistics for England & Wales for the 2016 calendar year. That annual review can be accessed here. This blog discusses some of the key findings contained within that report.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Office for National Statistics
    Authors:
    Jon Chesman
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Assessing Your Business Viability and Director Risk Guide: 13 November 2020
    2020-11-16

    Ongoing uncertainties about the COVID-19 pandemic, coupled with the looming deadline of Brexit, mean businesses and owners are in for a tough ride over the next few months, possibly much longer if the UK continues to face restrictions.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Employee Benefits & Pensions, Healthcare & Life Sciences, Insolvency & Restructuring, Public, Tax, Squire Patton Boggs, Brexit, Force majeure, Coronavirus, HM Revenue and Customs (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Which law applies when determining the validity of an assignment of receivables cross-border?
    2020-01-23

    The validity of an assignment of receivables cross-border depends on the law that applies to the assignment.

    What might amount to a valid assignment in one jurisdiction, does not mean, that it is valid in another and where there are competing claims to the receivables and competing jurisdictions, the question of which law applies and therefore whether there has been a valid assignment significantly affects the ability of the assignee to rely on the assignment.

    Filed under:
    European Union, Germany, Banking, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, MiFID, European Commission, Court of Justice of the European Union
    Authors:
    Jens Rinze
    Location:
    European Union, Germany
    Firm:
    Squire Patton Boggs
    EU Insolvency Regulation is recast at last
    2017-06-26

    Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings comes into effect on 26 June 2017 for insolvency proceedings that are opened on or after that date. The Recast Regulation replaces the EC Regulation (1346/2000) on insolvency proceedings and has direct effect in the UK until such time as the UK leaves the EU.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Squire Patton Boggs, Debt, Liquidation, Direct effect of EU law, Insolvency Act 1986 (UK), European Commission, Council of the European Union, European Parliament, Companies House
    Authors:
    Helen Kavanagh
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Nero CVA challenge - Part One: the pre-emptive strike (out)
    2021-06-15

    CVA challenges have been in the spotlight recently and the story continues with Nero Holdings Ltd v Young in which the court considered an application to strike out a CVA challenge claim. Although there is nothing ground-breaking in the court’s reasoning to dismiss the strike out/summary judgment application, its detailed reasoning will offer some helpful guidance and assistance to those involved in these applications.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs
    Authors:
    Mark Prior
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 2 November 2020
    2020-11-05

    The Australian government has taken swift action to enact new legislation that significantly changes the insolvency laws relevant to all business as a result of the ongoing developments related to COVID-19. 

    Filed under:
    European Union, Global, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Location:
    European Union, Global
    Firm:
    Squire Patton Boggs
    How does the EU Restructuring Directive compare to Chapter 11?
    2019-11-06

    On June 26, 2019, the European Parliament and the Council of the European Union published a new EU Restructuring Directive on preventive restructuring frameworks, discharge of debt and disqualifications, and measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt (“Directive”).

    This is an extraordinary achievement given the existing differences in restructuring regimes across EU Member States.

    Filed under:
    European Union, Insolvency & Restructuring, Squire Patton Boggs, Debtor, European Parliament
    Authors:
    Stephen D. Lerner , Silvia Belovicova
    Location:
    European Union
    Firm:
    Squire Patton Boggs
    Cross-Border Co-operation in Group Insolvency Proceedings- Myth or Reality?
    2017-05-25

    As 26 June 2017 approaches – the date of entry into effect of the Recast EU Insolvency Regulation (2015/8484/EU) – we look in detail at the new provisions for co-ordinating the insolvency proceedings of members of a pan-European group of companies and consider whether the new proposals for co-operation will be compulsory, the practicalities of who will pay the co-ordinator’s fees and whether the creditors can have a say in the process.

    BACKGROUND

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Squire Patton Boggs
    Authors:
    Antoine Adeline , Alexandre Le Ninivin
    Location:
    European Union
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 - 28 May 2021
    2021-06-10

    The Australian government has taken swift action to enact new legislation that significantly changes the insolvency laws relevant to all business as a result of the ongoing developments related to COVID-1

    Filed under:
    European Union, Global, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Location:
    European Union, Global
    Firm:
    Squire Patton Boggs
    Impact of COVID-19 on Insolvency Laws: How Countries Are Revamping Their Insolvency and Restructuring Laws to Combat COVID-19 27: October 2020
    2020-10-29

    The Australian government has taken swift action to enact new legislation that significantly changes the insolvency laws relevant to all business as a result of the ongoing developments related to COVID-19.

    Filed under:
    European Union, Global, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Coronavirus
    Location:
    European Union, Global
    Firm:
    Squire Patton Boggs

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