Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    ‘Office Holder’ but not ‘Officer’
    2023-11-14

    On the 1st of November 2023 the Supreme Court published its judgment in the case of R (on the application of Palmer) (Appellant) v Northern Derbyshire Magistrates Court and another (Respondents) following a one-day hearing in March. Philip Jones and David Garner report on the hearing in this article.

    Filed under:
    United Kingdom, Compliance Management, Employment & Labor, Insolvency & Restructuring, Litigation, Capital Law LTD, Insolvency Act 1986 (UK)
    Authors:
    David Garner
    Location:
    United Kingdom
    Firm:
    Capital Law LTD
    When does a company decide to give a preference?
    2023-11-15

    The Court of Appeal recently considered when precisely a company had given a preference within the meaning of the Insolvency Act 1986 – a question of timing which may impact on whether an insolvency practitioner can later unwind the preferential treatment for the benefit of creditors as a whole.

    Here we look at what a preference is, and when it is deemed to be given.

    Preferences

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Gowling WLG
    Authors:
    Jason Freedman , Christopher Richards
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    Galapagos restructuring ends with an effective “Distressed Disposal” and a win for senior creditors
    2023-11-15

    Any restructuring where there are multiple tiers of debt and lenders with different interests and views can be tricky. Lenders will try to anticipate these difficulties by entering into an intercreditor agreement (an ICA) setting each lender’s ranking and rights to enforce. Typically, an ICA will allow the senior lenders at least the option of taking the lead on an enforcement or a restructuring.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Macfarlanes LLP, Private equity, Companies Act 2006 (UK)
    Authors:
    Joshua Portway
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP
    Agreements Among Lenders and Unitranche Facilities - a Fresh Look at a Trending Product
    2023-11-15

    Over the past several years, unitranche facilities have become increasingly prevalent. This growth has been driven by the ever-growing class of private credit and direct lenders who initially developed the unitranche facility structure, along with traditional bank lenders now joining this market. The unitranche structure has several advantages, including typically quicker execution for the parties involved and in some cases a lower cost of capital to the borrower.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, United States bankruptcy court
    Authors:
    Jason S Friedman , Sean T. Scott , Benjamin D. Snyder , Lisa A. Holl Chang , Frederick C. Fisher , Matthew D. O'Meara , Joanne De Silva , Beth D. Vogel , Scott Zemser
    Location:
    USA
    Firm:
    Mayer Brown
    Arrowood Indemnity Company enters liquidation
    2023-11-15

    As discussed in our post last month, it was a long road for Arrowood Indemnity to be placed into liquidation in Delaware.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Reed Smith LLP
    Authors:
    Timothy P. Law , Ann V. Kramer
    Location:
    USA
    Firm:
    Reed Smith LLP
    Key Aspects of the new Dutch Turbo Liquidation Act
    2023-11-14

    On 15 November 2023, the Temporary Act on Transparency of Expedited Liquidation (Turbo Liquidation Act) will enter into force. It aims to increase trust in the expedited liquidation procedure by improving its transparency, the legal protection of creditors and combatting the abuse of the procedure.

    Background

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Taylor Wessing, Liquidation
    Authors:
    Feiven Sereke
    Location:
    Netherlands
    Firm:
    Taylor Wessing
    This Could Be ‘The One’: Considerations for When a Property Developer Faces Insolvency
    2023-11-14

    Introduction

    A few weeks ago, real estate practitioners, investors, speculators, lenders and aspiring homeowners were all surprised to learn that The One, a monster development at 1 Bloor St. West in Toronto, was being placed into receivership. The project undertaken by Sam Mizrahi and his company, Mizrahi Inc., is slated to be an 85-storey mixed-use residential tower in the heart of the city, comprising retail stores, a restaurant, a hotel and luxury residential suites. It would be an iconic addition to Toronto’s growing skyline…

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, Aird & Berlis LLP | Aird & McBurney LP, Supply chain, Coronavirus, Commercial tenant, Insolvency, Receivership, Ontario Superior Court of Justice, British Columbia Supreme Court
    Authors:
    Steven L. Graff , Bardia Jalayer , Danielle Muise , Calvin Horsten
    Location:
    Canada
    Firm:
    Aird & Berlis LLP | Aird & McBurney LP
    What Causes a Successful Invalidation of a Bankruptcy Notice? A Case Analysis on Defective Bankruptcy Notices
    2023-11-14

    What is a Bankruptcy Notice?

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Chamberlains Law Firm
    Authors:
    Stipe Vuleta
    Location:
    Australia
    Firm:
    Chamberlains Law Firm
    Supreme Court rules on challenges to officeholder decisions: the bar is set high
    2023-11-10

    The court has the power to challenge any decision of the officeholder in an insolvency process on application by a dissatisfied party. The ambit of that power depends upon the nature of the insolvency process but, broadly, the following categories of people will be entitled to apply:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Stevens & Bolton LLP, Insolvency, UK Supreme Court
    Authors:
    David Steinberg , Lucy Trott
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Liquidating companies in the Netherlands per 15 November 2023
    2023-11-13

    On 14 March 2023, a new law (Tijdelijke wet transparantie turboliquidatie) was adopted by the Dutch legislator. This law introduces a filing obligation of the managing board that will apply to shortened liquidation procedures applied as per 15 November 2023. Under this obligation, the managing board of the company must file certain (financial) documents with the Dutch trade register and inform creditors of the company of this filing.

    Filed under:
    Netherlands, Company & Commercial, Compliance Management, Insolvency & Restructuring, Trade & Customs, Hogan Lovells, Articles of association
    Authors:
    Chantalle Schoegje
    Location:
    Netherlands
    Firm:
    Hogan Lovells

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 117
    • Page 118
    • Page 119
    • Page 120
    • Current page 121
    • Page 122
    • Page 123
    • Page 124
    • Page 125
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days