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    COVID-19 Bankruptcy Relief Extension Act Passed, Signed
    2021-03-29

    As we previously reported, the CARES Act temporarily expanded the number of small businesses eligible for relief under the

    Filed under:
    USA, Insolvency & Restructuring, Ice Miller LLP, Bankruptcy, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Louis T. DeLucia , John C. Cannizzaro
    Location:
    USA
    Firm:
    Ice Miller LLP
    The Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 - continuing a false sense of security for directors and companies alike?
    2021-03-29

    In this article, Catherine Addy QC, Rebecca Page, Rosanna Foskett and Rowena Page examine the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 (“CIGA Extension Regulations 2021”) which came into force on, 26 March 2021, and further extend the suspension of wrongful trading liability - almost a year since the Government announced, on 28 March 2020, the range of measures aimed at protecting companies affected by COVID-19 and their directors, as they tried to steer businesses through the choppy waters which were then anticipated to

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Maitland Chambers, Coronavirus
    Authors:
    Catherine Addy KC , Rebecca Page , Rosanna Foskett , Rowena Page
    Location:
    United Kingdom
    Firm:
    Maitland Chambers
    Applying for a Moratorium in Bankruptcy Proceedings: The Requirement of a Serious and Viable Proposal
    2021-03-29

    Introduction  

    Filed under:
    Singapore, Banking, Insolvency & Restructuring, Litigation, Rajah & Tann Asia, Ontario Superior Court of Justice
    Authors:
    Chua Beng Chye , Cherie Tan
    Location:
    Singapore
    Firm:
    Rajah & Tann Asia
    Looking forward - UK Government proposes new focus on dividends in light of major corporate failures
    2021-03-29

    On 18 March 2021, the UK Government published its long-awaited white paper on restoring trust in audit and corporate governance.

    This follows a series of high-profile audit errors and major corporate collapses, including those of BHS in 2016 and Carillion in 2018, which led the Government to commission three independent reviews into different aspects of the UK’s audit, reporting and corporate governance systems.

    The white paper targets large listed and AIM-listed companies, and large private companies where there is a public interest, and primarily focuses on:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Corporate governance, Coronavirus, Carillion
    Authors:
    Katharina Crinson , Rachel Seeley , Richard Tett
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Bankruptcy Rule 2004: The Broad Sweep of Discovery Permitted in Bankruptcy Litigation
    2021-03-26

    In American jurisprudence, resolution of disputes often involves the use of important tools to obtain information necessary to achieving a client’s goals. These tools are collectively known as “discovery.” Discovery is most often used in litigation; however, it may also be used as part of the bankruptcy process, without the need for a pending lawsuit.

    Filed under:
    USA, Insolvency & Restructuring, IT & Data Protection, Litigation, Cullen and Dykman LLP
    Authors:
    Michael H. Traison , Elizabeth Usinger , Amanda A. Tersigni
    Location:
    USA
    Firm:
    Cullen and Dykman LLP
    National Congress rejects 12 of the 14 vetoes imposed by the President of theRepublic on the Amended Brazilian Bankruptcy Code
    2021-03-26

    On March 17, 2021, the National Congress rejected 12 of the 14 vetoes by President Jair Bolsonaro (veto nº 57/2020) on Law nº 14,112/2020, which amended the Brazilian Bankruptcy Code (Law nº 11,101/2005 - “LREF”).

    Filed under:
    Brazil, Insolvency & Restructuring, Litigation, Mayer Brown, Force majeure
    Location:
    Brazil
    Firm:
    Mayer Brown
    Temporary restrictions on winding-up petitions extended until 30 June 2021
    2021-03-26

    The temporary restrictions on winding-up petitions brought in under the Corporate Insolvency and Governance Act 2020 (“CIGA”) are wider than originally envisaged when first announced by the government in April 2020 and have now been extended until 30 June 2021.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Charles Russell Speechlys, Coronavirus
    Authors:
    Jessica Williams , Daniel Moore , Emma Humphreys
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    The Bankruptcy Court for the Southern District of New York Recharacterizes Debt as Equity
    2021-03-27

    In a recent decision, the Bankruptcy Court for the Southern District of New York held that a purported debt held by an entity with a near-majority membership interest in the Debtor was actually equity disguised as a loan.

    Background

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Dechert LLP, Sixth Circuit
    Authors:
    Shmuel Vasser
    Location:
    USA
    Firm:
    Dechert LLP
    Directors’ Duties and Related Matters, in the Context of COVID-19
    2021-03-29

    This note summarises the duties that directors of companies incorporated in England and Wales are subject to.

    This note explains those duties, and matters that directors should consider in relation to them, in the context of the COVID-19 pandemic.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Tax, Squire Patton Boggs, Coronavirus, HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    The Impact of Mental Health on Post Covid 19 Debt Recovery Strategies
    2021-03-25

    The worldwide Covid 19 pandemic has touched and affected us all in many different ways. In this blog I will look at how those of us who work in debt recovery need to take on board the impact the pandemic has had on mental health and factor that into their strategies. Mental health cannot be ignored as my partner, Cory Bebb, wrote in his recent blog

    Filed under:
    United Kingdom, Healthcare & Life Sciences, Insolvency & Restructuring, Litigation, JMW Solicitors, Coronavirus
    Authors:
    Adam Taylor
    Location:
    United Kingdom
    Firm:
    JMW Solicitors

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