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    Transfer of undertaking despite pre-pack?
    2017-04-13

    Pre-pack continues to be a hotly discussed topic. The term refers to when entrepreneurs who expect to go bankrupt request the courts to appoint a receiver to look into the possibility of a restart following bankruptcy. Courts vary as to their standpoint concerning the acceptability of applying the pre-pack method. The purpose of the proposed Continuity of Businesses Act I (WCO I) is to put an end to such uncertainty and to enshrine pre-pack in law.

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, CLINT | Littler, Bankruptcy
    Authors:
    Isabel Somers , Dennis Veldhuizen
    Location:
    European Union, Netherlands
    Firm:
    CLINT | Littler
    Disputes Digest - April 2017
    2017-04-18

    Issue 6 | April 2017 Disputes Digest 2 | Disputes Digest Corporate counsel’s guide to the key cases of 2016 (litigation) Corporate counsel’s guide to the key cases of 2016 (arbitration) Singapore targets effi ciency in investment arbitration proceedings Does the MasterCard class action mark the dawn of a new era in UK litigation?

    Filed under:
    European Union, Global, Hong Kong, Singapore, United Kingdom, Arbitration & ADR, Banking, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Trade & Customs, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, HM Revenue and Customs (UK), Court of Appeal of England & Wales
    Location:
    European Union, Global, Hong Kong, Singapore, United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Italy Converts into Law an Emergency Decree Aimed at Rescuing Troubled Banks
    2017-03-28

    Introduction

    After months of drama prompted by the intertwined destinies of a constitutional referendum and the recapitalization of Monte dei Paschi di Siena (“MPS”), Italy’s third largest bank, and following the resignation of the Renzi government, the first important measure approved by the new Italian cabinet was an emergency decree aimed at safeguarding the Italian banking sector.

    Filed under:
    European Union, Italy, Banking, Insolvency & Restructuring, Paul Hastings LLP, Liability (financial accounting)
    Authors:
    Bruno Cova , Eriprando Guerritore , Patrizio Braccioni , Marc-Alexandre Courtejoie , Fabio Cozzi
    Location:
    European Union, Italy
    Firm:
    Paul Hastings LLP
    EuroResource—Deals & Debt
    2017-03-28

    For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments.

    Recent Developments

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, Jones Day, Federal Financial Supervisory Authority (Germany), Federal Court of Justice
    Authors:
    Corinne Ball , Bruce Bennett , Dr. Olaf Benning , Lodewijk Berger , Jasper Berkenbosch , Víctor Casarrubios , Juan Ferré
    Location:
    European Union
    Firm:
    Jones Day
    The end of pre-packs? EU Advocate General: automatic transfer of employees in case of a pre-pack
    2017-03-29

    On 29 March 2017, Advocate General Mengozzi rendered his opinion to the EU Court of Justice in the landmark case regarding the Estro pre-packed bankruptcy.

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, Litigation, Stibbe, Bankruptcy, Advocate general
    Authors:
    Job van Hooff
    Location:
    European Union, Netherlands
    Firm:
    Stibbe
    Brexit: what might change Insolvency & Restructuring
    2017-03-31

    Introduction

    On 23 June 2016 the UK population voted for the UK's exit from the European Union (EU). The applicable exit procedure and certain possible legal consequences of Brexit for Insolvency & Restructuring will be discussed below in the form of a Q&A.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Loyens & Loeff, Brexit, European Single Market, Council of the European Union, Treaty on the Functioning of the European Union, Treaty of Lisbon, Article 50 TFEU
    Location:
    European Union, United Kingdom
    Firm:
    Loyens & Loeff
    The insolvency merry-go-round
    2017-02-07

    The past 12-18 months have seen some of the biggest changes to established insolvency law and practice in England and Wales since the Insolvency Act 1986 and Insolvency Rules 1986 (the old Rules) came into force. These have culminated with the new Insolvency Rules 2016 (the new Rules), which become effective on 6 April 2017 and are intended to consolidate the old Rules (including all 28 subsequent sets of amendments to them).

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Penningtons Manches Cooper LLP, Insolvency Act 1986 (UK)
    Authors:
    Séamas Gray , Tristan Cox
    Location:
    European Union, United Kingdom
    Firm:
    Penningtons Manches Cooper LLP
    The European Union Court of Justice states that pledges over bank accounts are not resistant to insolvency procedures if the account holder can dispose of the monies deposited in the account
    2017-02-08

    The European Union Court of Justice ("EUCJ") has issued a judgment dated 10 November 2016 in the Matter No C-156/15 (Private Equity Insurance Group SIA ("SIA") v Swedbank AS) in response to a request for a preliminary ruling from the Supreme Court of Latvia, the country in which the bank Swedbank AS is based.

    Filed under:
    European Union, Banking, Insolvency & Restructuring, Litigation, Ashurst, Collateral (finance)
    Authors:
    Jose Christian Bertram
    Location:
    European Union
    Firm:
    Ashurst
    Make insolvency great again
    2017-02-08

    ADVISORY | DISPUTES | TRANSACTIONS Make insolvency great again February 2017 One of the great criticisms of the new President of the United States of America is that his companies filed for bankruptcy four times when he was a business mogul. In truth Donald Trump utilised various provisions of Chapter 11 of the US Bankruptcy Code to restructure his businesses. In an effort to encourage a similar level of entrepreneurial spirit, a mere 14 days after his election the EU Commission unveiled plans to adopt a pan-European regime which closely mirrors much of the US’s Chapter 11.

    Filed under:
    European Union, United Kingdom, USA, Insolvency & Restructuring, Public, RPC, European Commission
    Location:
    European Union, United Kingdom, USA
    Firm:
    RPC
    Finance and Restructuring | February 2017
    2017-02-13

    Comsa: debt restructuring PSA Financial Services Spain: establishing an asset-backed securities fund Emesa: subscribing a collar equity swap Proposal for an EU Directive on restructuring and second chance Exit right due to no dividend distribution: end of the suspension of art.

    Filed under:
    European Union, Spain, Banking, Derivatives, Insolvency & Restructuring, Litigation, Cuatrecasas, European Commission
    Location:
    European Union, Spain
    Firm:
    Cuatrecasas

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