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    Auflösungsantrag des Insolvenzverwalters: das freut Arbeitnehmer!
    2019-03-14

    Stellt der Insolvenzverwalter im Kündigungsschutzprozess einen Auflösungsantrag nach § 9 KSchG und löst das Arbeitsgericht daraufhin das Arbeitsverhältnis gegen Zahlung einer Abfindung auf, so erhält der Arbeitnehmer diese Abfindung aus der Insolvenzmasse (vollständig) ausbezahlt – anstatt (wie bisher angenommen) im Insolvenzverfahren nur einen Bruchteil dieser Abfindung geltend machen zu können.

    Hintergrund

    Filed under:
    Germany, Employment & Labor, Insolvency & Restructuring, Hogan Lovells
    Authors:
    Reimo Richarz
    Location:
    Germany
    Firm:
    Hogan Lovells
    When the shoe does not fit: direct action clauses - can investors step into the Trustee’s shoes to enforce?
    2018-10-16

    A recent High Court case (Fairhold Securitisation Limited v Clifden IOM No 1 Ltd) has affirmed that in debt issuances involving a trustee, noteholders have only limited rights to take direct enforcement action. The case confirmed that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Hogan Lovells, Insolvency Act 1986 (UK)
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Third-Party Releases in Chapter 11 Plans
    2018-02-08

    U.S. Bankruptcy Judge Kevin Gross sitting in Delaware recently approved J.G. Wentworth’s (the “Debtor’s”) Chapter 11 plan after overruling an objection from the U.S. Trustee regarding third-party releases. The Debtor’s Chapter 11 reorganization plan was the second it has brought before the Delaware bankruptcy court in the last ten years.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Hogan Lovells, United States bankruptcy court
    Location:
    USA
    Firm:
    Hogan Lovells
    French Legal and Regulatory Update June 2017
    2017-07-24

    The Paris office of Hogan Lovells is pleased to provide this English language edition of our monthly e-newsletter, which offers a legal and regulatory update covering France and Europe for June 2017.

    Please note that French legal concepts are translated into English for information only and not as legal advice. The concepts expressed in English may not exactly reflect or correspond to similar concepts existing under the laws of the jurisdictions of the readers.

    If you would like to consult this newsletter from past months, please click here.

    Filed under:
    European Union, France, Banking, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Insurance, Intellectual Property, IT & Data Protection, Real Estate, Tax, White Collar Crime, Hogan Lovells, Shareholder, Money laundering, Beneficial ownership, Terrorism financing
    Location:
    European Union, France
    Firm:
    Hogan Lovells
    No entry sign - PPF entry problems for schemes with overseas sponsors
    2016-09-06

    The Pension Protection Fund (PPF) is responsible for paying compensation to members of defined benefit occupational pension schemes where the scheme is in deficit on a PPF funding basis and the employer becomes insolvent. One of the criteria that must be satisfied by a scheme to enter the PPF is that the participating employer(s) suffer a "qualifying insolvency event" (QIE).

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Hogan Lovells
    Location:
    European Union, United Kingdom
    Firm:
    Hogan Lovells
    Improvements to the "fiducie" tool for French security
    2015-10-16

    There is no equivalent to the English law concept of trust under French law.  This means that where a syndicated loan is to be secured by French obligors, security interests must generally be granted independently to each member of the syndicate (there will be a list of pledgees contained in the security document).  Any change to that group of lenders would generally entail the transfer of the French law security to each new lender.

    Filed under:
    France, Banking, Insolvency & Restructuring, Tax, Hogan Lovells
    Authors:
    Louis-Jérôme Laisney
    Location:
    France
    Firm:
    Hogan Lovells
    A dark art: the recharacterisation of fixed charges under English law
    2014-09-11

    If only it were as simple as swishing your wand and chanting "Wingardium Leviosa" in your best Hermione Granger voice. The question of whether a fixed charge is susceptible to being recharacterised as a floating charge has challenged the legal community since before Ms Granger was even born. In fact some of the case law would not be out of place in the Hogwarts library (although it wouldn't have done anything for JK Rowling's sales figures).

    What's the difference between a fixed and a floating charge?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Hogan Lovells
    Authors:
    Susan Whitehead
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    What is the meaning of "voting interests" in terms of section 153(1)(b)(II)?
    2014-04-30

    Section 153 (1)(b)(ii) of the Companies Act 71 of 2008 (the Act) is intended to afford a remedy to affected persons who support a business rescue plan that has been 

    The section can be broken down into five key elements:

    Filed under:
    South Africa, Company & Commercial, Insolvency & Restructuring, Hogan Lovells, Statutory interpretation, Liquidation
    Authors:
    Alex Eliott
    Location:
    South Africa
    Firm:
    Hogan Lovells
    Proposed improvements to the Hong Kong corporate insolvency regime
    2013-05-03

    The new Hong Kong Companies Ordinance is planned to come into operation in the first quarter of 2014. This wholesale renovation of the law governing the operation of companies in Hong Kong repeals almost all of the existing provisions of the Companies Ordinance with a few exceptions, including the existing insolvency and winding-up provisions. These will remain in their current form and be retitled as the Companies (Winding Up and Miscellaneous Provisions) Ordinance.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Hogan Lovells, Liquidation
    Authors:
    Chris Dobby , Karen Chan
    Location:
    Hong Kong
    Firm:
    Hogan Lovells
    Interpretation of commercial contracts
    2011-12-01

    The UK Supreme Court has recently overturned a much-criticised and controversial ruling of the Court of Appeal by finding an ambiguously worded advance payment bond effective in the case of insolvency. In doing so, it clarified the proper role and application of considerations of business common sense when interpreting commercial contracts. Where a clause is capable of two or more possible interpretations, Rainy Sky SA v Kookmin Bank held that the court should prefer the one which is most consistent with common business sense.

    Filed under:
    United Kingdom, Company & Commercial, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Shipping & Transport, Hogan Lovells, Bond (finance), Condition precedent, Court of Appeal of England & Wales, UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Hogan Lovells

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