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    Recast EU Regulation on Insolvency Proceedings Comes Into Force
    2017-07-05

    On June 26, 2017, the recast EU regulation on insolvency proceedings1 (the Recast Insolvency Regulation) came into force.

    Existing Legislation

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, Sidley Austin LLP
    Authors:
    Patrick Corr , Phillip Taylor , Wayne Beck
    Location:
    European Union
    Firm:
    Sidley Austin LLP
    Ten (plus one) things to consider when you do a leveraged finance deal in Italy
    2017-06-26

    European Leveraged Finance Alert Series: Issue 6

    Legislative changes in Italy (starting from 2012) facilitated leveraged transactions facilitating security in both bank and bond financings and aligning bond and bank finance options. These changes have catalyzed creditors’ appetite for Italian leveraged finance transactions and helped fuel a resurgence in M&A activity in Italy. Here are ten (plus one) things to consider when doing a leveraged finance deal in Italy:

    Filed under:
    European Union, Italy, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Tax, White & Case, Leveraged buyout, Joint-stock company, Leverage (finance)
    Authors:
    Iacopo Canino , Michael S. Immordino , Silvia Pasqualini , Robert Becker
    Location:
    European Union, Italy
    Firm:
    White & Case
    A new dawn for restructuring and insolvency throughout the EU
    2017-06-26

    A revised EU regulation applies to new insolvencies from 26 June 2017. Widely referred to as EIR Recast (EIR means European Insolvency Regulation), it replaces the regime that has been in place for over 15 years.

    The official title of EIR Recast is Regulation 2015/848 of the European Parliament and of the Council of 20 May 2015. The commencement of EIR Recast is newsworthy for many reasons, not least because the United Kingdom (when it leaves the EU) will not have the benefit or the burden of the new regime.

    Filed under:
    European Union, Insolvency & Restructuring, Beauchamps, European Parliament
    Authors:
    Barry Cahir
    Location:
    European Union
    Firm:
    Beauchamps
    Recast Insolvency Regulation: 26 June 2017
    2017-06-26

    The Recast Insolvency Regulation (Regulation 2015/848) (“Recast Regulation”) will apply to all member states of the EU (with the exception of Denmark) in relation to insolvency proceedings opened on or after 26 June 2017. The Recast Regulation takes a similar approach to that of the prior EU Insolvency Regulation (Regulation 1346/2000), which came into force in 2002. The Recast Regulation seeks to create a uniform code for insolvency jurisdiction, and cross-border recognition (within the acceding Member States).

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Reed Smith LLP, European Commission, Companies Act 2006 (UK)
    Authors:
    Charlotte Møller , Estelle Macleod
    Location:
    European Union, United Kingdom
    Firm:
    Reed Smith LLP
    The Insolvency Regulation Recast - 5 key changes
    2017-06-26

    As from today, the Insolvency Regulation Recast (EU) 2015/848 will apply to insolvency proceedings commenced on or after this date.

    Filed under:
    European Union, Insolvency & Restructuring, Stibbe
    Authors:
    Pieter Wouters , Oliver Stevens , Paul Van der Putten
    Location:
    European Union
    Firm:
    Stibbe
    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, European Commission, Council of the European Union, European Parliament, Companies House, Insolvency Act 1986 (UK)
    Authors:
    Helen Kavanagh
    Location:
    European Union, United Kingdom
    Firm:
    Squire Patton Boggs
    Pre-pack dossier: Smallsteps for men, one giant leap for mankind
    2017-06-26

    The pre-pack procedure is not having an easy time of it. In a previous blog, we reported that the advocate general of the European Court of Justice (ECJ) had concluded that the Dutch pre-pack procedure cannot be regarded as bankruptcy or liquidation proceedings, and that the provisions for transfer of undertaking therefore also apply to pre-packs. The ECJ has now confirmed his standpoint.

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, Litigation, CLINT | Littler, Bankruptcy, Liquidation, Court of Justice of the European Union
    Authors:
    Wouter Engelsman
    Location:
    European Union, Netherlands
    Firm:
    CLINT | Littler
    The Recast EU Insolvency Regulation becomes effective today
    2017-06-26

    Since May 2002, we have had a regime which ensures that an insolvency proceeding started in one of the EU’s member states is, without further formality, recognised in all other member states (except for Denmark) and which determines the law applicable to such proceedings. That regime is provided for in the EU Regulation on insolvency proceedings (1346/2000/EC) (the EIR).

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, CMS Cameron McKenna Nabarro Olswang LLP, Brexit
    Authors:
    Martin Brown , Glen Flannery , Helen Coverdale
    Location:
    European Union, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Week 22 | De belangrijkste Hoge Raad uitspraken van deze week, waaronder Adviesrecht ondernemingsraad tijdens faillissement
    2017-06-02

    CIVIEL

    Adviesrecht ondernemingsraad tijdens faillissement

    Filed under:
    European Union, Netherlands, Employment & Labor, Insolvency & Restructuring, Litigation, Houthoff
    Authors:
    Bart van der Wiel , Rob Meijer , Jan Frans de Groot , Albert Knigge , Alexander de Swart , Alexander van der Voort Maarschalk
    Location:
    European Union, Netherlands
    Firm:
    Houthoff
    EU Cross-Border Insolvency and Rescue - EU Insolvency Regulation
    2017-06-06

    From 26 June 2017 an enhanced EU regime governing the commencement, recognition and enforcement of insolvency and restructuring proceedings throughout the EU will come into effect. The principal aim of the new regime is to encourage a corporate rescue culture within the EU.

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Maples Group, Debtor, Investment funds
    Authors:
    John Breslin , Robin McDonnell , Nick Herrod
    Location:
    European Union
    Firm:
    Maples Group

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