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    Media: One more big case to go for Madoff bankruptcy trustee and success story of Lehman Bros Europe administration
    2019-12-11

    Bloomberg reported last month that the Madoff bankruptcy has one more big case to go, chasing USD3.2b held by foreign banks (see our related story above). Mr Picard, the bankruptcy trustee, has reportedly recovered over USD14b of the USD17.5b in losses arising from Madoff's Ponzi scheme.

    Filed under:
    European Union, USA, Insolvency & Restructuring, Buddle Findlay
    Authors:
    David Broadmore , David Perry , Jan Etwell , Kelly Paterson , Scott Abel , Scott Barker , Susan Rowe , Willie Palmer , Peter Niven , Myles O'Brien , Bridie McKinnon , Matthew Triggs , Oliver Gascoigne
    Location:
    European Union, USA
    Firm:
    Buddle Findlay
    Real Estate Quarterly Winter 2019
    2019-12-13

    Foreword Head of Real Estate Disputes Mathew Ditchburn considers what 2020 may have "in store". Five minutes with: Hebe Morgan We chat to real estate associate Hebe Morgan who is currently on secondment at M&G Real Estate.

    CVA Special: Mathew Ditchburn reports

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Planning, Public, Real Estate, Hogan Lovells, Brexit, Local government, Insolvency Act 1986 (UK)
    Location:
    European Union, United Kingdom
    Firm:
    Hogan Lovells
    Corporate Law Update 13 December 2019
    2019-12-13

    In this week’s update: The court finds that selfdealing by a director and a share buyback were void, the PERG report on compliance with the Walker Guidelines, the BVCA and EY review private equity portfolio company performance, the QCA reports on AIM company corporate governance and a few other items. 

    Court confirms self-dealing by director was void

    Filed under:
    European Union, United Kingdom, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Brexit, Private equity, Board of directors, Financial Conduct Authority (UK), European Securities and Markets Authority
    Location:
    European Union, United Kingdom
    Firm:
    Macfarlanes LLP
    What lies ahead: Restructuring and insolvency post Brexit
    2019-10-17

    There are a range of potential outcomes to the current Brexit negotiations. What would the impact on corporate recovery and insolvency be of a no-deal Brexit? It is important for all stakeholders, including businesses, lenders and investors to be aware of the difficulties that will arise in the event of a no-deal Brexit.

    Key points if no-deal Brexit happens

    Filed under:
    European Union, Ireland, United Kingdom, Insolvency & Restructuring, Eversheds Sutherland (Ireland), Brexit, Court of Justice of the European Union
    Authors:
    Norman Fitzgerald , Neil O'Mahony , Matthew Howse
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Eversheds Sutherland (Ireland)
    To Scheme or not to Scheme: the Key Issues Considered to Sanction the LBIE Scheme of Arrangement
    2019-10-22

    Case: Lehman Brothers International (Europe) (in administration) [2018] EWHC 1980 (Ch), Hildyard J (27 July 2018)

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Morrison & Foerster LLP, Lehman Brothers
    Authors:
    Sonya L. Van de Graaff
    Location:
    European Union, United Kingdom
    Firm:
    Morrison & Foerster LLP
    Fund Finance Market Review -Trends and Developments in the Subscription Credit Facility and Fund Finance Markets - Fall 2019
    2019-10-22

    The first half of 2019 continues a long growth rally for the fund finance market, with fund finance deal volume at Mayer Brown significantly up from last year. This growth occurred despite a three-year decline in the number of final fund closings.1 This apparent contradiction can be explained both by the penetration of traditional subscription credit facilities into a broader range of fund types and the diversification of fund finance product offerings in the market (including a notable uptick in the number of hybrid facility and net asset value credit facility closings).

    Filed under:
    European Union, United Kingdom, USA, New York, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Mayer Brown, Brexit, Libor, Private equity, US Securities and Exchange Commission
    Location:
    European Union, United Kingdom, USA
    Firm:
    Mayer Brown
    No-deal Brexit and cross-border insolvency proceedings
    2019-10-24

    This update explains the key changes in cross-border insolvency proceedings if the UK leaves the EU without a deal on 31 October 2019 (or at a later date). Importantly, a no-deal exit will impact how and where such insolvency proceedings can be raised in a post-Brexit future.

    A bit of background

    While the UK is still an EU Member State, EU Regulations provide a clear framework for conducting cross-border insolvency proceedings. The EU Insolvency Regulations (the 2000 Insolvency Regulation and the 2015 Recast Insolvency Regulation) include provisions which:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Public, Brodies LLP, Brexit
    Authors:
    Louise Laing , Bruce Stephen
    Location:
    European Union, United Kingdom
    Firm:
    Brodies LLP
    European Commission gives green light for German rescue aid to Condor
    2019-10-31

    On 14 October 2019, the European Commission (“Commission”) approved the German rescue aid to charter airline Condor under the EU State Aid rules.

    Condor is going through a difficult financial situation following the entry into liquidation of the Thomas Cook Group, its parent company. The charter airline is currently facing an acute liquidity shortage but also a loss of important claims against other member companies that it will not be able to collect.

    Filed under:
    European Union, Germany, Banking, Insolvency & Restructuring, Trade & Customs, CMS Belgium, European Commission
    Authors:
    Annabelle Lepièce , Marie Vandenneucker
    Location:
    European Union, Germany
    Firm:
    CMS Belgium
    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
    Insolvency & Restructuring: Brexit, International Insolvency and More
    2019-12-03

    We consider one case illustrating the efficiency of international insolvency proceedings commenced in Ireland, improvements to the efficiency of the appellate courts and one imminent legislative change, which will impose an administrative burden on the holders of security over book debts.

    Ireland as an efficient venue for international insolvency

    Filed under:
    European Union, Ireland, United Kingdom, Insolvency & Restructuring, Litigation, Public, Mason Hayes & Curran LLP, Brexit
    Authors:
    Frank Flanagan , Judith Riordan , Maurice Phelan
    Location:
    European Union, Ireland, United Kingdom
    Firm:
    Mason Hayes & Curran LLP

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