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    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
    Spain to Implement and Apply Directive (EU) 2019/1023 to the Spanish Insolvency Act
    2019-07-19

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in France, Hong Kong, Italy, Singapore, and the United Kingdom and as an affiliated partnership conducting the practice in Japan. Latham & Watkins operates in South Korea as a Foreign Legal Consultant Office. Latham & Watkins works in cooperation with the Law Office of Salman M. Al-Sudairi in the Kingdom of Saudi Arabia.

    Filed under:
    European Union, Spain, Insolvency & Restructuring, Latham & Watkins LLP, Private equity, European Commission, Title 11 of the US Code
    Location:
    European Union, Spain
    Firm:
    Latham & Watkins LLP
    Newsletter | Finance and Restructuring | 2nd quarter 2019
    2019-07-26

    From July 21, the reform of rules on prospectuses, intended to establish a common rulebook across the EU to encourage financing through capital markets, will directly apply in Spain.

    Filed under:
    European Union, Spain, Banking, Insolvency & Restructuring, Real Estate, Tax, Cuatrecasas, Mortgage loan, Stamp duty, European Commission, CJEU, Directorate-General for Competition (EU)
    Location:
    European Union, Spain
    Firm:
    Cuatrecasas
    EU Restructuring Directive
    2019-08-06

    Timing and Objectives

    An EU directive aimed at harmonizing Member State restructuring and insolvency laws (the “Directive”) was published in the Official Journal on June 26, 2019 and entered into force on July 16, 2019. Member States are required to adopt and publish compliant laws and regulations by July 17, 2021.

    Filed under:
    European Union, Company & Commercial, Insolvency & Restructuring, Matheson LLP, Debtor, European Commission
    Authors:
    Tony O'Grady , Patrick Molloy , Julie Murphy O'Connor
    Location:
    European Union
    Firm:
    Matheson LLP
    Long-awaited EU Preventive Restructuring Frameworks Directive takes effect amidst warnings of a European recession
    2019-08-23

    The Preventive Restructuring Frameworks Directive (EU) 2019/1023 is finally in force. Following its implementation into EU member states’ national law, the directive will hopefully prove an effective tool for Europe’s restructuring practitioners, just as the continent’s economic outlook darkens.

    Filed under:
    European Union, Insolvency & Restructuring, Hogan Lovells, Debtor, European Single Market, European Central Bank
    Authors:
    Christian Herweg
    Location:
    European Union
    Firm:
    Hogan Lovells
    New EU Directive on restructuring frameworks
    2019-08-27

    The new EU Directive on preventive restructuring frameworks1 was published in the Official Journal of the European Union on 26 June 2019 and entered into force on 16 July 2019. The objective of the Directive is to harmonize the laws and procedures of EU member states concerning preventive restructurings, insolvency and the discharge of debt.

    Filed under:
    European Union, Insolvency & Restructuring, Reed Smith LLP, Debtor
    Authors:
    Dr. Volker Kammel , Charlotte Møller
    Location:
    European Union
    Firm:
    Reed Smith LLP
    Brexit - Has Your Business Planned for Running Low on Oxygen?
    2019-08-29

    Less than an hour after an oxygen tank exploded on Apollo 13, mission control told the crew to isolate a small tank, containing 3.9 pounds of oxygen.[1] Days later, that tank provided the oxygen to keep the crew alive while landing back on Earth.

    If they had left that tank for even another hour the oxygen in it would have been almost gone.

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Public, Mason Hayes & Curran LLP, Brexit
    Authors:
    Frank Flanagan , Judith Riordan , James Morrin
    Location:
    European Union, United Kingdom
    Firm:
    Mason Hayes & Curran LLP

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