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    Ninth Circuit Affirms Summary Judgment for CRA in FCRA Litigations, Reiterating Requirement of Actual Harm for Negligent Violations of the Statute
    2021-07-09

    In a recent litigation and appeal involving claims under the Fair Credit Reporting Act (“FCRA”), the Ninth Circuit affirmed the district court’s grant of summary judgment to the defendant, in a win for CRAs named in similar litigation. Leoni v. Experian Info. Solutions, 2021 U.S. App. LEXIS 17687 (9th Cir. June 14. 2021). Read on for details about the case and its implications.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Squire Patton Boggs, Ninth Circuit
    Authors:
    Kristin Bryan
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Transferring a business following insolvency in Germany: who pays the pensions bill?
    2021-07-09

    By Jochen Saal

    Acquiring a business on insolvency can have pitfalls, especially if it involves an employee occupational pension scheme. Will the German Federal Labour Court’s case law, which is favourable to acquirers, continue to apply following a recent European Court of Justice decision?

    Filed under:
    European Union, Germany, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Ius Laboris, Court of Justice of the European Union
    Location:
    European Union, Germany
    Firm:
    Ius Laboris
    Making Sense of Company Voluntary Arrangements (CVAs) Post New Look and Regis: A UK Landlord’s Perspective Voting and Disclosure
    2021-07-09

    Following our previous alert that considered rent reductions and modifications to lease terms post New Look and Regis, this alert considers what those CVA challenge cases tell landlords about calculating a landlord's claim for voting purposes and the disclosure requirements.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Squire Patton Boggs
    Authors:
    John Alderton , Devinder Singh , Russell Hill , Mark Prior
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    TGIF 9 July 2021 - By your leave? Principles for leave to sue companies in liquidation clarified
    2021-07-09

    This week’s TGIF considers the decision of Palace v RCR O’Donnell Griffin Pty Ltd (in liq)[2021] QCA 137, in which the Queensland Court of Appeal provided useful guidance on the principles to be applied when a party seeks leave under section 500(2) of the Corporations Act 2001 (Cth) to bring proceedings against a company in liquidation.

    Key Takeaways

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Corrs Chambers Westgarth
    Location:
    Australia
    Firm:
    Corrs Chambers Westgarth
    Analysis of the insolvency resolution of the first financial service provider company under Insolvency and Bankruptcy Code 2016
    2021-07-09

    The National Company Law Tribunal, Mumbai Bench (Hon’ble NCLT) in application filed by Mr. R. Subramaniakumar, Administrator of Dewan Housing Finance Corporation Limited (Administrator) against the Committee of Creditors, through Union Bank of India & Ors. in the matter Reserve Bank of India (RBI) versus Dewan Housing Finance Corporation Limited (DHFL) (IA.NO.449/MB/C-II/2021 in CP(IB)No.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Khaitan & Co, Reserve Bank of India
    Authors:
    Siddharth Srivastava , Harshit Khare , Udita Singh
    Location:
    India
    Firm:
    Khaitan & Co
    What next for UK Solvency II?
    2021-07-09

    Responses to the HM Treasury call for evidence on the Review of Solvency II

    On 1 July HM Treasury published a summary of the responses received to its autumn 2020 call for evidence on the Review of Solvency II.

    HM Treasury comments

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Slaughter and May, Solvency II Directive (2009/138/EU)
    Location:
    United Kingdom
    Firm:
    Slaughter and May
    中国内地与香港的公司跨境清盘试点机制
    2021-07-09

    导言

    Filed under:
    China, Hong Kong, Insolvency & Restructuring, Litigation, King & Wood Mallesons
    Authors:
    Rachel Yu , Lu Ruyin , Jiao Huang Shi Yun , Hao Zhaohui (Daryl) , Edmund Wan
    Location:
    China, Hong Kong
    Firm:
    King & Wood Mallesons
    New Chapter 11 Filing - MatlinPatterson Global Opportunities Partners II L.P.
    2021-07-07

    Late on July 6, 2021, MatlinPatterson Global Opportunities Partners II L.P., along with several affiliates, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Lead Case No. 21-11255).

    Filed under:
    USA, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Cole Schotz PC
    Recent changes to UAE bankruptcy law: the impact on the construction industry
    2021-07-07

    Following the substantial impact of the COVID-19 pandemic on global trade and business operations in the UAE, the Government of the UAE has taken measures to protect businesses facing financial difficulty. Among these measures has been a mechanism that provides relief to businesses in financial distress because of the pandemic within the framework of the UAE Federal Bankruptcy Law No. 9 of 2016 (the Bankruptcy Law).

    Filed under:
    United Arab Emirates, Construction, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Coronavirus
    Authors:
    Amr Omran
    Location:
    United Arab Emirates
    Firm:
    Freshfields Bruckhaus Deringer
    Bankruptcies during the second trimester of 2021 in Mexico.
    2021-07-07

    During the second trimester of 2021, 9 petitions in bankruptcy were filed, notified, and registered on the Federal Insolvency Institute's records.

    ABC Aerolíneas, S. A. de C. V. (Interjet).

    Although Interjet announced its plan to file a voluntary petition in bankruptcy, a creditor filed an involuntary petition against the airline before a District Court in Mexico City. The involuntary petition was admitted on Abril 24, 2021 and Interjet appeared voluntarily to be served to process on June 21, 2021.

    Filed under:
    Mexico, Insolvency & Restructuring, Litigation, Corona & Nepote Abogados, Bankruptcy
    Authors:
    Lic. Francisco Rodríguez Nepote
    Location:
    Mexico
    Firm:
    Corona & Nepote Abogados

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