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    Protect your construction business from insolvencies
    2024-01-15

    With a rise in the number of businesses collapsing, construction companies need to be aware of how to protect themselves against risks.

    According to UK Government data, construction firms in England and Wales topped the list of industries that experienced the highest number of insolvencies in the 12 months ending 30 September 2023.

    Filed under:
    United Kingdom, Construction, Insolvency & Restructuring, Marsh, ESG, Insolvency Service (UK)
    Location:
    United Kingdom
    Firm:
    Marsh
    What Can We Expect in 2024 in UK Restructuring?
    2024-01-15

    There are a few things that we can be almost certain of in 2024, and others are things to add to the watchlist, but with a potential change in government on the cards, there are likely to be a few curveballs thrown into the mix that none of us can predict.

    Increasing Insolvencies

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Squire Patton Boggs
    Authors:
    Rachael Markham , Jennifer Jones
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    German avoidance actions essentially in line with EU Directive proposal
    2024-01-15

    Insolvency creditors in Germany do not have much to fear from a harmonisation of avoidance actions in the EU. They are used to rigid statutory provisions.

    Filed under:
    European Union, Germany, Insolvency & Restructuring, CMS Germany, Insolvency, European Commission, Insolvency Regulation (1346/2000) (EU)
    Authors:
    Niklas Lütcke , Stephan M Schubert
    Location:
    European Union, Germany
    Firm:
    CMS Germany
    A Deep Dive into 2023's Insolvency Regime- Part 1 of 5
    2024-01-15

    In the intricate tapestry of corporate insolvency, the year 2023 unfurled a saga of legal intricacies that left an indelible mark on the evolving insolvency landscape in India. This blog, the first of a five-part series, will be exploring the cases that not only shaped the insolvency regime but also defined pivotal aspects of the Insolvency and Bankruptcy Code (IBC). From the sectors affected to the geographical intricacies, we'll dissect the diverse facets that contributed to the evolution of insolvency laws. Additionally, we'll analyze two significant cases – RPS Infrastructure Ltd. v.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Singhania & Partners LLP, Liquidation, Coronavirus, Insolvency, Insolvency and Bankruptcy Code (India), Supreme Court of the United States
    Authors:
    Vikas Goel
    Location:
    India
    Firm:
    Singhania & Partners LLP
    The 2023 Restructuring Market Wrap-Up
    2024-01-11

    As 2024 gets underway, 2023 will be remembered as the year that King Charles III’s coronation captured our attention with its many (and occasionally bizarre) storied traditions and customs and, of course, for the passing of the Irish singer and poet Shane MacGowan.1 Turmoil in the European banking sector early in the year set the tone for a challenging year, while across the Atlantic, a number of regional US banks had their

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Cadwalader Wickersham & Taft LLP, HM Revenue and Customs (UK), Companies Act 2006 (UK), UK Supreme Court
    Authors:
    Simon Walsh , Gregory M. Petrick , William Sugden , Bevis Metcalfe
    Location:
    United Kingdom
    Firm:
    Cadwalader Wickersham & Taft LLP
    Fair's fair: the concept of fairness in Part 26A Restructuring Plans
    2024-01-11

    SUMMARY

    Filed under:
    United Kingdom, Compliance Management, Insolvency & Restructuring, Litigation, Tax, BCLP, Corporate governance, Insolvency, HM Revenue and Customs (UK), Insolvency Service (UK), Corporate Insolvency and Governance Act 2020
    Authors:
    Marc Trottier , Philip de Vries
    Location:
    United Kingdom
    Firm:
    BCLP
    Understanding the Trends: A Review of Insolvency Litigation in Hong Kong in 2023
    2024-01-11

    Insolvency litigation witnessed intriguing developments across multiple aspects in Hong Kong in 2023, ranging from the court’s updated Practice Direction on Bankruptcy and Winding-Up Proceedings to on-going debate surrounding the interplay between insolvency proceedings and arbitration clauses. In this Legal Update, we examine major developments that unfolded. The key takeaways are: 1.

    Filed under:
    Hong Kong, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Mayer Brown, Liquidation, Cryptocurrency
    Location:
    Hong Kong
    Firm:
    Mayer Brown
    Partial arrangement as an alternative form of debt restructuring
    2024-01-11

    Under the Polish Restructuring Law, in principle an arrangement covers all claims against the debtor except for those expressly identified in the law as outside the arrangement. But sometimes it is not necessary to reach an agreement on all the debtor’s obligations in order to carry out an effective restructuring. This happens when the debtor only has difficulty servicing selected obligations that are otherwise essential to operation of its business. For such situations, parliament introduced the institution of a partial arrangement.

    Filed under:
    Poland, Insolvency & Restructuring, Litigation, Wardyński & Partners
    Authors:
    Mateusz Tusznio
    Location:
    Poland
    Firm:
    Wardyński & Partners
    2024 이슈와 전망
    2024-01-11

    Executive Summary Executive Summry ○ 4월 총선에서 여당이 승리할 경우 상속/승계 세 부담 완화와 기업활동 지원을 위한 규제 완화에 속도가 붙을 것으로 전망됩니다. 반면 야당이 승리할 경우, 노동, 환경, 조세 분야 규제 강화를 위한 입법이 예상됩니다. 금융사고, 불완전 판매, 초과이익 등 금융회사 규제 강화는 여야 공통기조인 만큼 총선 이후에도 지속 추진될 전망입니다. ○ 11월 미국 대선에서 바이든-트럼프 간 재대결이 유력한 가운데 트럼프 당선 시 ▲대중 강 경노선 및 보호무역주의 회귀 ▲화석연료 중심의 에너지 정책 전환 ▲反이민정책 기조 등 미국의 통상·외교정책에 대대적인 변화가 예상됩니다. ○ 국내 전기차·배터리·반도체·신재생에너지 기업들의 대미(對美)·대중(對中)투자, 합작법인 설 립, 외국정부·기업과의 통상분쟁 이슈가 증가할 가능성이 있습니다. ○ 금융부문의 사회적 책임 이행에 대해 국회와 정부도 공감대를 가지고 있어, 은행 수익의 사회 환원을 위해 횡재세뿐만 아니라 상생금융 조성, 취약층 이자감면 등 다양한 방안이 마련될 것으로 예상됩니다.

    Filed under:
    South Korea, USA, Banking, Corporate Finance/M&A, Energy & Natural Resources, Insolvency & Restructuring, Tax, Trade & Customs, Yulchon LLC
    Location:
    South Korea, USA
    Firm:
    Yulchon LLC
    The first decision opening Judicial Reorganisation Proceedings under the new Luxembourg Insolvency Law
    2024-01-12

    Following the entry into force of the law of 7 August 2023 (the New Insolvency Law), the Luxembourg district court sitting in commercial matters (the Court) issued on 22 November 2023 the first decision opening judicial reorganisation proceedings (JRP) (Numéro du rôle: TALCH02/01416).

    Filed under:
    Luxembourg, Insolvency & Restructuring, Litigation, Loyens & Loeff, Insolvency
    Authors:
    Madeleine Marques , Sofia Polykandrioti
    Location:
    Luxembourg
    Firm:
    Loyens & Loeff

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