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    Is the location of a company’s assets definitive to determine its COMI?
    2017-03-14

    Facts

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Tax, Taylor Wessing, Insolvency Act 1986 (UK)
    Authors:
    Katie Horbury
    Location:
    European Union, United Kingdom
    Firm:
    Taylor Wessing
    La Cour rappelle qu’il y a des limites au droit à l’oubli
    2017-03-14

    Le cas est suffisamment rare pour être souligné : la justice européenne – celle-là même qui a milité et créé le droit à l’oubli – envoie un signal fort en vue de rappeler que celui-ci n’est pas absolu. Saisie d’une question impliquant les registres publics des personnes morales, elle estime qu’il n’y a en principe pas de droit à l’oubli pour les données à caractère personnel y figurant.

    Filed under:
    European Union, Italy, Company & Commercial, Insolvency & Restructuring, IT & Data Protection, Litigation, Ulys
    Authors:
    Etienne Wery , Thierry Léonard
    Location:
    European Union, Italy
    Firm:
    Ulys
    INSOL 2017: Compromising Europe? The movement away from formal insolvency towards restructurings and reorganisations
    2017-03-20

    Europe has been a hot bed of legislative reform in the R&I space since the GFC. This panel discussed where some of the key jurisdictions had ended up in this process, in some cases, making significant changes to allow greater flexibility of treatment and efficiencies of process. Led by Philip Hertz (Clifford Chance), Lucas Kortmann (RESOR), Angel Martin (KPMG) and Dr Leo Plank (Kirkland & Ellis) discussed processes available in the UK, the Netherlands, Spain and Germany and some impending changes.

    Filed under:
    European Union, Insolvency & Restructuring, Baker McKenzie, European Commission
    Authors:
    Ian Jack
    Location:
    European Union
    Firm:
    Baker McKenzie
    INSOL 2017: The good, the bad and the ugly: national and regional law reforms
    2017-03-21

    There has been great discussion over the course of INSOL on the various restructuring and insolvency reforms being considered or implemented globally. In the break out session ‘The good, the bad and the ugly: national and regional law reforms’, panellists drilled down into the detail of some of these reforms. The panel considered reforms in the EU (Prof. Christoph Paulus, Hamboldt-Universitat zu Berlin), the UK (Mark Craggs, Norton Rose Fulbright LLP), Singapore (Sushil Nair, Drew & Napier LLC), and the US (Donald S.

    Filed under:
    European Union, Global, Singapore, United Kingdom, USA, Insolvency & Restructuring, Baker McKenzie, UNCITRAL, Insolvency Act 1986 (UK)
    Authors:
    Rian Matthews
    Location:
    European Union, Global, Singapore, United Kingdom, USA
    Firm:
    Baker McKenzie
    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
    New mechanism introduced for freezing a debtor’s Bank accounts throughout the EU
    2017-01-19

    The European Account Preservation Order Regulation 655/14 came into effect yesterday, 18 January 2017 throughout Europe except in the UK and Denmark - who have not adopted the regulation. The Regulation establishes a procedure which enables creditors from a participating member state to seek an Order preventing a debtor from dissipating assets until such time as the creditor’s proceedings for Judgement are determined and enforced.

    Filed under:
    European Union, Ireland, Banking, Insolvency & Restructuring, RDJ LLP
    Authors:
    Ricky Kelly
    Location:
    European Union, Ireland
    Firm:
    RDJ LLP
    Freeze! Securing a debtor's assets in a foreign country can be a difficult and lengthy exercise - a new EU Regulation will change this.
    2017-01-24

    Suppose you were a German bank lending to a Spanish debtor under a loan agreement governed by German law. Once your Spanish debtor stops paying, the bank would have to obtain a German legal judgment and would then have to enforce it in Spain. Any measure to secure the debtor's assets in the meantime, is typically subject to the jurisdiction where the asset is located, or subject to lengthy recognition proceedings. Having to resort to local law measures usually puts foreign creditors in a worse-off position than local ones.

    Filed under:
    European Union, Germany, Banking, Insolvency & Restructuring, Schoenherr
    Authors:
    Miriam Simsa
    Location:
    European Union, Germany
    Firm:
    Schoenherr

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