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    French bankruptcy law amendments: expansion and strengthening of protective measures, and reforms to procedures relating to bondholders and to accelerated financial safeguards
    2012-04-17

    SUMMARY

    French bankruptcy law has been recently modified by Law no. 2012-346 of March 12, 2012 relating to protective measures (mesures conservatoires) applicable to safeguard, recovery and liquidation proceedings, and by Law no. 2012-387 of March 22, 2012 relating to the simplification and easing of administrative procedures.

    Filed under:
    France, Insolvency & Restructuring, Sullivan & Cromwell LLP, Bankruptcy, Legal personality, Liquidation
    Authors:
    Gauthier Blanluet , Nicolas de Boynes , Richard Vilanova , Olivier de Vilmorin
    Location:
    France
    Firm:
    Sullivan & Cromwell LLP
    Recognition of trustee filing in French insolvency safeguard proceedings
    2012-04-26

    In a decision that represents a triumph for bondholders, and should provide comfort to market participants, the Supreme Court of France (the “Supreme Court”) has recognized the trust structure and the parallel debt mechanism as part of security packages put in place for secured international financings granted to a French company.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bond (finance), Collateral (finance), Debt, Court of Appeal of England & Wales
    Location:
    France
    Firm:
    Schulte Roth & Zabel LLP
    Entry into force of the French Code of Civil Execution Procedures (enabling Law 2010-1609 of 22 December 2010 – Order 2011-21895 of 19 December 2011 – Decree 2012-783 of 30 May 2012)
    2012-09-27

    A codification of existing legislation, the French Code of Civil Execution Procedures entered into force on 1st June past, both as regards its legislative provisions (Order 2011-21895 of 19 December 2011), and regulatory provisions (Decree 2012-783 of 30 May 2012).

    The notorious law 91-650 of 9 July 1991 reforming civil execution procedures, together with its implementing decree 92-755 of 31 July 1992, were abrogated.

    Filed under:
    France, Insolvency & Restructuring, Bersay, Debtor, Capital punishment
    Location:
    France
    Firm:
    Bersay
    Implementation of conservatory measures
    2012-10-31

    Decree n°2012-1190 dated 25 October 2012 (JORF n°0251 dated 27 October 2012) issued for the implementation of Law n°2012-346 dated 12 March 2012 sets out the rules for implementing conservatory measures within safeguard, reorganisation or liquidation proceedings.

    Filed under:
    France, Insolvency & Restructuring, Hogan Lovells
    Authors:
    Bruno Knadjian
    Location:
    France
    Firm:
    Hogan Lovells
    Time for conciliation: French accelerated financial safeguard now also available for holding companies
    2012-11-22

    New insolvency proceedings called “accelerated financial safeguard” (sauvegarde financière accélérée) were introduced into French law two years ago1.

    Filed under:
    France, Insolvency & Restructuring, Latham & Watkins LLP
    Location:
    France
    Firm:
    Latham & Watkins LLP
    French Court of Appeals adopts new safeguard plans for Heart of la Défense
    2013-03-07

    On February 28, 2013, the Versailles Court of Appeals adopted two new Safeguard Plans for CMBS borrower, Heart of la Défense SAS (HOLD), and its Luxembourg parent company, Dame Luxembourg SARL (Dame). By doing so, it confirmed that HOLD and Dame, even though they are holding companies or SPVs, can benefit from Safeguard Plans in order to restructure their indebtedness.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Gibson Dunn & Crutcher LLP, Debtor, Credit rating, Lehman Brothers cases
    Authors:
    Benoît Fleury , Wayne P.J. McArdle , Jean-Philippe Robé
    Location:
    France
    Firm:
    Gibson Dunn & Crutcher LLP
    Termination of a lease may be sought three months after the opening of liquidation proceedings or, in case of conversion of proceedings, after the opening of the previous proceedings
    2013-04-19

    (Cass. Com, Feb. 19, 2013, no. 12-13.662)

    In the instant case, a lessee had been placed into receivership on September 27, 2010, and then into court-ordered liquidation on November 8, 2010. Subsequently, on December 28, 2010, the lessor had served the liquidator with notice of termination for nonpayment of the rents accrued since the opening of insolvency proceedings.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Real Estate, Bersay, Liquidation, Liquidator (law)
    Location:
    France
    Firm:
    Bersay
    Secured internet portal for formalities
    2011-05-06

    Law n°2011-331 dated 28 March 2011 (OJ of 29 March 2011) relating to modernising the legal professions includes the creation of a secure Internet portal aiming at relaxing the formalities related to insolvency. This national portal will allow the sending and reception of legal proceedings documents, including statements of claim.

    Filed under:
    France, Insolvency & Restructuring, IT & Data Protection, Hogan Lovells, Information privacy, European Commission
    Authors:
    Bruno Knadjian
    Location:
    France
    Firm:
    Hogan Lovells
    Coeur défense: the application of the safeguard procedure
    2011-05-17

    The recent Cour de Cassation ruling in respect of the safeguard proceedings opened by Heart of La Défense SAS ("SAS Holdco") and its parent company, Sarl Dame Luxembourg ("Dame"), overturned the earlier decision of the Paris Court of Appeal in February 2010. The decision reinstated the safeguard proceedings of the two companies that were initiated in November 2008.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Jones Day, Share (finance), Shareholder, Debtor, Debt, Due process, Default (finance), Credit rating, Lehman Brothers, Paris Court of Appeal
    Authors:
    Andrew D. Barker
    Location:
    France
    Firm:
    Jones Day
    Coeur Défense safeguard proceedings: lessons to be learnt from the French Supreme Court decision
    2011-05-18

    Introduction

    On 8 March 20111, the French Supreme Court issued an important decision for the restructuring, finance and private equity communities and their advisers in connection with the on-going litigation surrounding the Coeur Défense restructuring.

    Filed under:
    France, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Debtor, Private equity, Debt, Holding company, Conveyancing, Leverage (finance), Secured loan, Lehman Brothers, Court of Appeal of England & Wales, Paris Court of Appeal
    Authors:
    Hervé Diogo Amengual , Xavier Farde , Etienne Gentil
    Location:
    France
    Firm:
    Latham & Watkins LLP

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