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    Protection of new and interim financings in restructuring? - The European Commission's proposal on early restructuring and second chance
    2016-11-28

    Since the European Commission adopted the recommendation on restructuring and second chance in 2014, it has been working on the evaluation of its initiative and the introduction of a European legal framework. In 2015 the Capital Markets Union Action Plan included the announcement of a legislative initiative on early restructuring and second chance. Finally, on 22 November 2016, the European Commission published its proposal for a European Directive on preventive restructuring frameworks and a second chance for entrepreneurs.

    Filed under:
    European Union, Insolvency & Restructuring, Schoenherr, European Commission
    Location:
    European Union
    Firm:
    Schoenherr
    European Commission proposals for common principles on insolvency, restructuring and second chance
    2016-11-29

    On 22 November 2016, the European Commission announced a draft directive on insolvency, restructuring and second chance in the EU in the form of the EU Business Restructuring Directive (the “Proposed Directive“) which can be read here.

    Filed under:
    European Union, Insolvency & Restructuring, Weil Gotshal & Manges LLP, European Commission
    Authors:
    Andrew Wilkinson , Alexander Wood
    Location:
    European Union
    Firm:
    Weil Gotshal & Manges LLP
    New Proposed EU Directive for Preventive Restructuring and Second Chance
    2016-11-29

    The European Commission has for the first time put forward its proposal[1] for a set of mandatory European Rules on business restructuring and insolvency. The proposal’s key objective is to reduce the significant barriers to the free flow of capital stemming from differences in member states’ restructuring and insolvency frameworks.

    Filed under:
    European Union, Insolvency & Restructuring, Paul Hastings LLP
    Authors:
    David Ereira
    Location:
    European Union
    Firm:
    Paul Hastings LLP
    The perils of Article 13 European Insolvency Regulation in cross-border insolvency litigation
    2016-12-01

    German insolvency law contains provisions that allow for the challenge of payments/securitisation of certain shareholder loans in insolvency proceedings. The reason for this is that under German insolvency law, a loan repayment claim of a shareholder against ‘his’ corporation is subordinated by law (sec. 39 para. 1 no. 5 German Insolvency Code).

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Taylor Wessing, Shareholder, European Convention on Human Rights
    Authors:
    Ruprecht Frhr. v. Weichs
    Location:
    European Union, Germany
    Firm:
    Taylor Wessing
    Find out how the recast European Insolvency Regulation is impacting distressed investing in Europe
    2016-12-01

    The recast European Insolvency Regulation – impact on distressed debt investors

    What's happening? 

    In 2002, the European Insolvency Regulation (EIR) introduced a regime governing the administration of insolvent corporates or individuals which operate in more than one member state of the European Union (EU). A "recast EIR" will apply to insolvency proceedings commenced on or after 26 June 2017. 

    Why are the EIRs important? 

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Globe Law and Business, Brexit, Distressed securities
    Location:
    European Union, United Kingdom
    Firm:
    Globe Law and Business
    Funds Talk: December 2016
    2016-12-01

    The Office of Compliance Inspections and Examinations (OCIE) announced it is examining registrants’ compliance with key whistleblower provisions arising out of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).

    Filed under:
    European Union, France, United Kingdom, USA, Capital Markets, Company & Commercial, Corporate Finance/M&A, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, Public, White Collar Crime, Kramer Levin Naftalis & Frankel LLP
    Location:
    European Union, France, United Kingdom, USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Trustee quarterly update - 1 December 2016
    2016-12-05

    If you would prefer not to receive this service from Addleshaw Goddard, please email: [email protected] TRUSTEE QUARTERLY UPDATE Pensions 1 December 2016 Court holds Bankrupt cannot be forced to draw scheme benefits to pay creditors In its judgment in Horton v Henry the Court of Appeal has held that where a bankrupt member has a right to draw benefits, but has not yet chosen to do so (a) his rights to future benefits under the scheme are not "

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Addleshaw Goddard LLP, Pensions Ombudsman
    Location:
    European Union, United Kingdom
    Firm:
    Addleshaw Goddard LLP
    Prendas «financieras» sobre cuenta de dinero y fondos abonados en cuenta después del concurso
    2016-11-18

    El Tribunal de Justicia de la Unión Europea acaba de pronunciarse sobre tres de los más importantes extremos interpretativos del régimen de garantías financieras contenido en la Directiva 47/2002.

    Filed under:
    European Union, Latvia, Spain, Banking, Insolvency & Restructuring, Litigation, Gomez-Acebo & Pombo Abogados
    Location:
    European Union, Latvia, Spain
    Firm:
    Gomez-Acebo & Pombo Abogados
    European Commission presents proposal for EU Business Restructuring Directive
    2016-11-23

    Earlier intervention in case of distress to preserve value and save jobs. That is the goal of the proposed 'EU Business Restructuring Directive', which was presented yesterday by the European Commission and aims to ensure a minimum harmonization of restructuring procedures within the European Union.

    Filed under:
    European Union, Insolvency & Restructuring, NautaDutilh
    Authors:
    Robert van Galen , Barbara Rumora - Scheltema , Teun Struycken , Jochem Hummelen
    Location:
    European Union
    Firm:
    NautaDutilh
    Early Restructuring and a Second Chance for Entrepreneurs - EU Commission proposes new Restructuring Directive
    2016-11-23

    According to the European Commission, every year in the EU, 200,000 firms go bankrupt, resulting in over 1.7 million people losing their jobs. Currently, too many viable companies in financial difficulties are steered towards liquidation rather than early restructuring. Also, too few entrepreneurs get a second chance.

    Filed under:
    European Union, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Andreas Lehmann
    Location:
    European Union
    Firm:
    Squire Patton Boggs

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