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    First insolvency proceedings opened held to have priority, with consequences regarding managers’ liability (Com. 7 févr. 2018, FS-P+I, n° 17-10.056)
    2018-11-22

    The Recast Insolvency Regulation 2015/848 governs cross-border insolvency proceedings within the European Union. It provides in particular for the opening of the main proceedings by the jurisdiction of the member state where the centre of the debtor’s main interests is located (presumed to be the place of its registered office) and the opening of one or more secondary proceedings in the member states where the debtor possesses an establishment.

    Filed under:
    European Union, Insolvency & Restructuring, Hogan Lovells, European Commission
    Location:
    European Union
    Firm:
    Hogan Lovells
    Supreme Court Narrows Scope of Safe Harbor Exception for Securities Clawbacks
    2018-04-05

    On February 27, 2018, the U.S. Supreme Court resolved a circuit split under the Bankruptcy Code and determined that where funds passed through financial institutions acting as payment conduits, where the ultimate transfer sought to be avoided was not the type of transaction protected by the safe harbor provisions of the Bankruptcy Code, the safe harbor provisions of Bankruptcy Code Section 546(e), shielding transfers through financial institutions from avoidance actions by bankruptcy trustees, was inapplicable.

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Hogan Lovells, SCOTUS
    Authors:
    Raphaella Ricciardi
    Location:
    USA
    Firm:
    Hogan Lovells
    Toys “R” Us Files for Chapter 11
    2017-10-17

    On September 18, 2017, the iconic US-based retailer Toys “R” Us filed for Chapter 11 in the US Bankruptcy Court for the Eastern District of Virginia in front of Judge Keith L. Phillips. The company filed twenty-five entities, explaining that its $5.3 billion debt obligations and operational issues had led to the need for reorganization.

    Filed under:
    Canada, USA, Insolvency & Restructuring, Litigation, Hogan Lovells, United States bankruptcy court, US District Court for Eastern District of Virginia
    Authors:
    Raphaella Ricciardi
    Location:
    Canada, USA
    Firm:
    Hogan Lovells
    Indecent Proposals: Tenants giving notice of intention to appoint administrators
    2017-04-28

    It has long been a bone of contention for landlords that tenants can simply file a notice of intention to appoint administrators in order to get an automatic moratorium against any enforcement action. This prevents a landlord from forfeiting, suing or exercising CRAR irrespective of whether the tenant goes into administration and, seemingly, whether it ever really had such an intention.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Insolvency Act 1986 (UK), Court of Appeal of England & Wales
    Authors:
    Mathew Ditchburn
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    A brace of cases on the right to enfranchise
    2016-01-22

    The last two months have seen two key appeals in which the court was required to decide whether the tenant of a particular type of building should enjoy the statutory right to acquire the freehold of a house. This right is enshrined in the Leasehold Reform Act 1967.

    The properties, and the questions for the court in each case, were quite different. What the judgments had in common was a purposive approach to interpretation of the Act.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Hogan Lovells, Leasehold estate
    Authors:
    Tim Reid
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Insolvency enquiries – master of the High Court
    2015-03-31

    Judge Megarry in Re Rolls Razor Limited1, aptly describes the necessity of insolvency enquiries:

    Filed under:
    South Africa, Banking, Insolvency & Restructuring, Litigation, Hogan Lovells, Companies Act 2006 (UK)
    Authors:
    Keith Braatvedt
    Location:
    South Africa
    Firm:
    Hogan Lovells
    Germany: M&A and corporate restructuring of insurance companies in the light of Solvency II
    2014-07-17

    In view of the impending Solvency II Directive (Directive 2009/138/EC), which will be fully applied as of 1 January 2016, and the considerable changes associated with the directive, the (German) insurance landscape will not remain in its current state.

    Filed under:
    Germany, Insolvency & Restructuring, Insurance, Hogan Lovells, Solvency II Directive (2009/138/EU)
    Location:
    Germany
    Firm:
    Hogan Lovells
    Fair game: law overturned on rent payable during administrations
    2014-02-28

    The UK Court of Appeal has swept aside existing rules governing when administrators have to pay advance rents falling due before their appointment.

    In what will be seen as a significant victory for landlords, the Court held on 24 February 2014 that it was not open for administrators to enjoy a rent free period simply because they were appointed just after a quarter day.  The decision will have major implications for the planning and implementation of corporate insolvencies and looks set to transform the relationship between insolvency practitioners and the property industry.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Hogan Lovells
    Authors:
    Mathew Ditchburn
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Royal Decree-Law 24/2012, of 31 August, on restructuring and resolution of credit entities
    2012-09-07

    Last 31 August, the Spanish Council of Ministers passed the Royal Decree-law 24/2012, on restructuring and resolution of credit entities (the "RDL 24/2012") which entered into force on such date immediately following its publication in the Spanish Official Gazette (Boletín Oficial del Estado).

    Filed under:
    Spain, Insolvency & Restructuring, Hogan Lovells
    Location:
    Spain
    Firm:
    Hogan Lovells
    Court permits successive notices of intention to appoint an administrator - but warns of sanctions for abuse
    2010-05-13

    His Honour Judge Purle QC in Re Cornercare Limited [2010] EWHC 393 (CH) has clarified English law on the filing of successive notices of intention to appoint administrators. He has held that there is nothing in the relevant provisions of the Insolvency Act 1986 ("IA 1986") to prevent the filing of successive notices of intention to appoint administrators, where the original notice of intention to appoint an administrator had not been acted upon for good reason.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Hogan Lovells, Debtor, Landlord, Abuse of process, Moratorium (law), Asset forfeiture, Insolvency Act 1986 (UK), High Court of Justice
    Authors:
    Joe Bannister , Daniel Norris , Mathew Ditchburn
    Location:
    United Kingdom
    Firm:
    Hogan Lovells

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