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    A constitutional challenge on the statutory notification provisions of the Insolvency Act: Investec Bank Limited v Stratford and Others
    2014-12-11

    On 2 September 2014 the Constitutional Court heard an appeal against a final order of sequestration granted by the High Court of South Africa (Western Cape High Court) on 14 August 2013 sequestrating the joint estate of Mr Ivor Charles Stratford, the former chairman of the Pinnacle Point Group, and his wife Mrs Sheila Margaret Stratford (the Stratfords). 

    Filed under:
    South Africa, Insolvency & Restructuring, Litigation, Hogan Lovells, Constitutionality
    Location:
    South Africa
    Firm:
    Hogan Lovells
    French legal and regulatory update - April 2014
    2014-05-01

    Summary of miscellaneous French draft legislation
    • Draft law granting amnesty for acts committed in the course of social movements and trade unions' protesting activities – Filed on
    November 28, 2012 – Adopted in first reading by the Senate on February 27, 2013 – A vote for a referral to commission was adopted
    during the first session on May 16, 2013.
    • Draft law relating to social and solidarity-based economy, n°805 – filed on July 24, 2013 – adopted in first reading by the Senate on
    November 7, 2013.

    Filed under:
    European Union, France, Capital Markets, Company & Commercial, Competition & Antitrust, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Healthcare & Life Sciences, Insolvency & Restructuring, IT & Data Protection, Media & Entertainment, Real Estate, Tax, Telecoms, Hogan Lovells
    Location:
    European Union, France
    Firm:
    Hogan Lovells
    LightSquared's quest for spectrum continues
    2013-08-26

    LightSquared, the satellite-terrestrial venture backed by Phil Falcone, continues to push for a spectrum solution that the FCC will accept.  On Aug.

    Filed under:
    USA, Insolvency & Restructuring, Media & Entertainment, Telecoms, Hogan Lovells, Federal Communications Commission (USA)
    Location:
    USA
    Firm:
    Hogan Lovells
    UK Government goes cold on 3 day cooling off period
    2012-01-27

    After nearly two years of discussion and consultation, the UK Government has today announced that it will not be seeking to introduce new legislative controls on pre-packs, including a proposed three day notice or "cooling off" period.

    The term “pre-pack” typically refers to a sale of all or part of a company’s business which is negotiated prior to the company going into administration and then completed by the administrator shortly after his appointment.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Public, Hogan Lovells
    Authors:
    Mathew Ditchburn , Daniel Norris
    Location:
    United Kingdom
    Firm:
    Hogan Lovells
    Investment bank/broker-dealer insolvencies
    2008-09-23

    In light of the recent Chapter 11 bankruptcy filing by Lehman Brothers Holdings Inc. and the subsequent determination of the Securities Investor Protection Corporation (SIPC) to commence a proceeding placing Lehman Brothers Inc.

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, Hogan Lovells, Bankruptcy, Debtor, Security (finance), Swap (finance), Margin (finance), Debt, Investment banking, Liquidation, Broker-dealer, Liquidator (law), Securities Exchange Act 1934 (USA), Title 11 of the US Code, US Securities and Exchange Commission, Lehman Brothers, Securities Investor Protection Corporation
    Location:
    USA
    Firm:
    Hogan Lovells
    Actions to be taken by a creditor after the debtor's filing for insolvency, prior to the Arbitrazh Court hearing
    2009-05-26

    The Russian insolvency legislation mainly consists of the Civil Code of the Russian Federation (the Civil Code) and the Federal Law No. 127-FZ on insolvency (bankruptcy) dated 26 October 2002 (the Insolvency Law), the principal legislation on insolvency in the Russian Federation.

    Filed under:
    Russia, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Legal personality, Credit (finance), Debtor, Debt, Liquidation, Commercial law, Liquidator (law)
    Location:
    Russia
    Firm:
    Dentons
    The priority of the operator’s lien
    2009-01-30

    In Brookfield Bridge Lending Fund Inc. v.

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Dentons, Debtor, Interest, Unjust enrichment, Constructive trust, Court of equity
    Location:
    Canada
    Firm:
    Dentons
    Perfection of a security interest in a cash collateral account
    2008-10-14

    Banks have a recognized right to set off amounts owing by the bank to its customer (i.e. a credit balance in the customer’s bank account) against the customer’s debt to the bank. However, banks frequently wish to have the additional comfort of obtaining a security interest in the customer’s credit balance in a designated bank account. Banks frequently refer to this security as a pledge of cash collateral.

    Filed under:
    Canada, Ontario, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Debt, Personal property, Intangible asset, Personal Property Security Act 1990 (Canada)
    Location:
    Canada
    Firm:
    Dentons
    Commercially reasonable realizations
    2008-04-30

    In Royal Bank v. 2021847 Ontario Ltd. et al. (2007), Carswell Ont. 8283, the plaintiff Royal Bank sought summary judgment against the guarantors of a credit facility it granted to 2021847 Ontario Ltd. (“2021847”). The amount the plaintiff sought against the guarantors was the deficiency remaining after the plaintiff had appointed a receiver over the assets of the debtor company. The proceeds from the realization of the receivership were insufficient to payout 2021847’s credit facility.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Dentons, Surety, Debtor, Collateral (finance), Marketing, Liquidation, Good faith, Line of credit, Secured loan, Royal Bank of Canada
    Location:
    Canada
    Firm:
    Dentons
    Talk before suspending for non payment
    2020-11-23

    On 26 June 2020, the Corporate Insolvency and Governance Act 2020 (Act) came into force with changes to insolvency law to help businesses manage the economic implications of Covid-19. The new Act’s permanent measure on continuing supply stands out for the construction industry.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Dentons, Coronavirus
    Authors:
    Gurbinder Grewal
    Location:
    United Kingdom
    Firm:
    Dentons

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