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    EHYA urges HM Treasury to reform current insolvency legislation
    2008-03-20

    The European High Yield Association (EHYA), which represents banks and investors involved in high risk bond and loan markets, has written to the UK Treasury suggesting three key areas to reform insolvency legislation to improve the 'efficiency and fairness' of corporate restructurings.

    The letter suggests changes to help prevent value destruction caused by suppliers and customers terminating contractual relations, speed up resolution of disputes and restrict the influence of creditors and shareholders with no economic interest in the revalued business.

    Filed under:
    United Kingdom, Insolvency & Restructuring, White & Case LLP, Shareholder, Interest, Accounting, Debt, Supply chain, Bond credit rating, Leverage (finance), HM Treasury (UK)
    Location:
    United Kingdom
    Firm:
    White & Case LLP
    Pacific Lumber Bankruptcy cases remain in Texas
    2007-07-27

    In a recent decision by the Bankruptcy Court for the Southern District of Texas, In re Scotia Development, LLC,1 Judge Richard S. Schmidt denied the motions of several creditors and the State of California seeking transfer of venue from the Southern District of Texas to the Northern District of California, finding that venue was proper in Texas and that California would not be a more convenient forum for the financial restructuring of the debtors.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Litigation, White & Case LLP, Bankruptcy, Debtor, Limited liability company, Subsidiary, Delaware General Corporation Law, United States bankruptcy court, US District Court for Northern District of California, US District Court for Southern District of Texas
    Location:
    USA
    Firm:
    White & Case LLP
    Pre-pack rules repackaged
    2021-05-06

    Pre-packaged administration sales (where a sale of key assets is agreed prior to the appointment of administrators and then implemented by the administrators immediately following their appointment), have been a widely-used and highly successful tool to rescue businesses, or parts of businesses, that may otherwise have languished in administration interminably.

    Filed under:
    United Kingdom, Insolvency & Restructuring, White & Case LLP, Insolvency Act 1986 (UK)
    Authors:
    Ian Wallace , Morvyn Radlow
    Location:
    United Kingdom
    Firm:
    White & Case LLP
    Singapore restructuring regime: foreign companies establishing eligibility for moratorium protection
    2020-09-01

    In Re PT MNC Investama TBK [2020] SGHC 149, the Singapore High Court provided guidance as to what is sufficient for a foreign company to establish standing to avail itself to the Singapore restructuring regime. Specifically, the factors expressed in the "substantial connection" test under the IRDA1 are non-exhaustive and courts will consider other factors involving "some permanence" to permit foreign companies to restructure in Singapore.

    Establishing a "substantial connection"

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, White & Case LLP
    Authors:
    Charles McConnell , Joann Ho
    Location:
    Singapore
    Firm:
    White & Case LLP
    Coronavirus Aid for Companies in Difficulties - Unprecedented Response from KfW, German government and EU Commission
    2020-03-19

    Last Friday, in response to the outbreak of the coronavirus pandemic (COVID-19), the German government announced various measures described as a big "bazooka" to avert a crisis in the Eurozone's largest economy. The German development bank KfW will play a key role in the context of the announced measures and has been tasked to provide liquidity assistance to German companies hit by the pandemic.

    Filed under:
    European Union, Germany, Company & Commercial, Insolvency & Restructuring, White & Case LLP, Coronavirus, European Commission
    Authors:
    Dr. Dennis Heuer , Riaz K. Janjuah , Dr. Carsten Lösing
    Location:
    European Union, Germany
    Firm:
    White & Case LLP
    France Restructuring Review 2018
    2018-12-04

    An extract from GRR The European, Middle Eastern and African Restructuring Review 2018

    Brief overview of insolvency proceedings

    Enhanced by no less than five reforms over the past 10 years, French insolvency law now provides a comprehensive set of tools designed to efficiently handle the legal, economic and financial difficulties that companies are facing. The whole insolvency architecture hinges on the key concept of cessation of payments (ie, inability of the debtor to pay its debts as they fall due with its available assets).

    Filed under:
    European Union, France, Germany, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, White & Case LLP, Liquidation
    Authors:
    Céline Domenget Morin
    Location:
    European Union, France, Germany
    Firm:
    White & Case LLP
    How state aid survived the Italian banking crisis
    2017-09-20

    There is much to admire in the EU's handling of the Italian banking crisis, but in allowing two lenders to escape BRRD rules, it has raised questions on the consistency of the EU state aid and resolution framework.

    Filed under:
    European Union, Italy, Banking, Insolvency & Restructuring, Trade & Customs, White & Case LLP, Shareholder, Liquidation, Treaty on the Functioning of the European Union, European Commission, ECB
    Location:
    European Union, Italy
    Firm:
    White & Case LLP
    Hanjin Shipping Co., Ltd: Liquidation or a Different Path?
    2016-09-16

    On September 1, 2016, a rehabilitation procedure was commenced in the Seoul Central District Court in respect of Hanjin Shipping Co., Ltd (Hanjin). This action followed many months of discussions between Hanjin and its creditors (both local and international) designed to reach a consensual restructuring, as a result of which various creditors had voluntarily agreed to postpone exercising claims. Such agreement was eventually suspended on August 30, 2016 following notice to Hanjin that such creditors were unable to continue their support.

    Background

    Filed under:
    South Korea, Insolvency & Restructuring, Litigation, Shipping & Transport, White & Case LLP
    Authors:
    Christopher P. Frampton , David Manson , Damien Whitehead
    Location:
    South Korea
    Firm:
    White & Case LLP
    AIPPI's resolution on "IP Licensing and Insolvency": will this re-ignite legislative initiatives in Germany?
    2014-11-04

    During its 44th congress in Toronto, on September 17, 2014, the International Association for the Protection of Intellectual Property (AIPPI) adopted a resolution on "IP Licensing and Insolvency". The resolution regarding "Question Q241" can be accessed via AIPPI's website using the following link:https://www.aippi.org/download/commitees/241/RS241English.pdf.

    The Resolution 

    Filed under:
    Germany, Global, Insolvency & Restructuring, Intellectual Property, White & Case LLP, Right of first refusal
    Location:
    Germany, Global
    Firm:
    White & Case LLP
    Protecting investors and shareholders; bankruptcy proceedings
    2013-06-12

    Fundamental restructuring of insolvent companies—in any sector— is a fight for survival.

    Given the global nature of the industry, it is perhaps no surprise that shipping companies and their advisors have sought appropriate court protection to alleviate creditor pressure and a possible break-up of the business where a consensual restructuring is not possible.

    Filed under:
    USA, Insolvency & Restructuring, Shipping & Transport, White & Case LLP, Bankruptcy, Debtor, Debt
    Authors:
    Thomas E Lauria , Christopher P. Frampton , David Manson
    Location:
    USA
    Firm:
    White & Case LLP

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