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    Announcement of new funds for investment in Irish SMEs
    2013-01-14

    On 9th January 2013 the National Pensions Reserve Fund (NPRF) announced the creation of three new funds to provide equity, credit and restructuring / insolvency investment in the Irish SME sector.

    SME Equity Fund

    Filed under:
    Ireland, Insolvency & Restructuring, LK Shields
    Authors:
    Emmet Scully
    Location:
    Ireland
    Firm:
    LK Shields
    Proposed new laws for personal insolvency
    2012-07-03

    Draft legislation proposes to alter the law and procedures of personal insolvency in radical ways. The proposals include the establishment of an independent Insolvency Service of Ireland and the introduction of new procedures for addressing unsecured debts (of any value) and secured debts (up to €3 million in aggregate but without limit in the case of agreement). Current bankruptcy laws would also be amended, principally to increase the minimum level of debt required to enter bankruptcy to €20,000 and to reduce the bankruptcy term from 12 years to three.

    Filed under:
    Ireland, Insolvency & Restructuring, McCann FitzGerald LLP, Debtor, Unsecured debt, Debt, Debt relief
    Authors:
    Michael Murphy , Peter Osborne
    Location:
    Ireland
    Firm:
    McCann FitzGerald LLP
    The Personal Insolvency Bill 2012
    2012-07-04

    The long awaited Personal Insolvency Bill (the "Bill") was published on Friday, 29 June 2012 and provides for significant changes to the personal insolvency regime in Ireland. However, it does not differ greatly from the general framework for personal insolvency reform published earlier this year. Some key points are as follows:

    Filed under:
    Ireland, Insolvency & Restructuring, Matheson LLP, Bankruptcy, Debtor, Unsecured debt, Debt, Secured creditor
    Authors:
    Niamh Counihan , Julie Murphy O'Connor , Tony O'Grady
    Location:
    Ireland
    Firm:
    Matheson LLP
    Exit consents
    2012-08-09

    Summary

    Filed under:
    Ireland, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Balance sheet, Subordinated debt, High Court of Justice (England & Wales)
    Authors:
    John Houghton , Lene Malthasen , Tracy K. Edmonson
    Location:
    Ireland, United Kingdom
    Firm:
    Latham & Watkins LLP
    Personal Insolvency Bill update
    2012-09-25

    The Personal Insolvency Bill 2012 has passed Committee Stage in the Dáil. The Select Committee on Justice, Defence and Equality made a number of changes to the Bill, many of these being technical changes to clarify provisions or to correct inconsistencies.

    Key changes

    Some of the key changes made by the Select Committee were as follows:

    Filed under:
    Ireland, Insolvency & Restructuring, A&L Goodbody, Debt
    Authors:
    Sinead Kelly
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Irish examinership: post-eircom: A look at Ireland’s fastest and largest restructuring through examinership and the implications for the process
    2012-09-25

    The Irish telecommunications company eircom recently successfully concluded its restructuring through the Irish examinership process. This examinership is both the largest in terms of the overall quantum of debt that was restructured and also the largest successful restructuring through examinership in Ireland to date. The speed with which the restructuring of this strategically important company was concluded was due in large part to the degree of pre-negotiation between the company and its lenders before the process commenced.

    Filed under:
    Ireland, Insolvency & Restructuring, Telecoms, A&L Goodbody, Balance sheet
    Authors:
    David Baxter
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Consultation on the tax treatment of receiverships
    2012-10-16

    On 4 July 2012, the Minister for Finance, Mr Michael Noonan, launched a public consultation on the tax implications of appointing a receiver. The consultation paper was jointly issued by the Department of Finance and the Revenue Commissioners and invited input by 4 September 2012 from interested parties in relation to technical and practical tax implications concerning the appointment of receivers.

    Filed under:
    Ireland, Insolvency & Restructuring, Tax, A&L Goodbody, Department of Finance Canada, Minister for Finance (Ireland)
    Authors:
    Peter Maher , John Hickson , Paul Fahy , James Somerville , Brian Butler , Philip McQueston
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Fraudulent preference: proof of dominant intention to prefer
    2012-04-02

    Once a company has entered into a formal insolvency process, all its assets must be realised and distributed in accordance with the Companies Acts. An attempt to prefer a particular creditor up to two years prior to an insolvent liquidation can be declared void by the courts on the application of the liquidator of the insolvent company. To succeed on such an application, however, the liquidator must prove that the dominant intention of the insolvent company at the time it entered into the transaction was to prefer the creditor in question.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, William Fry, Legal burden of proof, Liquidation, Liquidator (law)
    Authors:
    Craig Sowman
    Location:
    Ireland
    Firm:
    William Fry
    Pre-pack sales in Ireland
    2012-04-05

    The usage of pre-pack insolvency sales is less developed in Ireland than in other jurisdictions, but there has been an increasing number of asset sales structured through pre-pack receiverships over the last year. The most recent successful example was the sale of the A-Wear retail chain by its receiver Jim Luby of McStay Luby. In July 2011 the Superquinn grocery chain was sold to Musgraves by its receivers Kieran Wallace and Eamonn Richardson of KPMG, in what was probably the largest ever pre-pack transaction in this market. 

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, William Fry
    Location:
    Ireland
    Firm:
    William Fry
    REO (Powerstation) Limited and Others (7th December 2011) JRC 232A: letters of request for administration orders
    2012-04-23

    The facts:

    An application had been made by Bank of Scotland Plc and the Governor and Company of the Bank of Ireland (the Applicants) for a letter of request to be sent by the Royal Court of Jersey to the High Court of England and Wales in respect of four Jersey companies which were ultimate beneficial owners of English real estate.  

    Filed under:
    Ireland, Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ogier, Debtor, Public limited company, Bank of Scotland, Insolvency Act 1986 (UK)
    Location:
    Ireland, Jersey, United Kingdom
    Firm:
    Ogier

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