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    In re TOUSA, Inc.— a cautionary tale for Canadian lenders
    2010-03-12

    On October 13, 2009, a U.S. Bankruptcy Court in Florida issued an opinion invalidating, under U.S. fraudulent conveyance law, guaranties and security interests given by certain subsidiaries to secure the $200 million first lien and $300 million second lien credit facilities made to the subsidiaries’ parent corporation, TOUSA, Inc. (In re TOUSA, Inc., 2009 WL 3519403, at *1 (Bankr. S.D. Fla. 2009).

    Filed under:
    Canada, USA, Florida, Banking, Insolvency & Restructuring, Litigation, Hodgson Russ LLP, Bond (finance), Bankruptcy, Debtor, Fraud, Interest, Debt, Liability (financial accounting), Conveyancing, Joint and several liability, Subsidiary, United States bankruptcy court
    Authors:
    Victoria J. Saxon
    Location:
    Canada, USA
    Firm:
    Hodgson Russ LLP
    Directors' liability in the event of bankruptcy
    2009-06-30

    A. THE PROBLEM

    Many charities and associations have cash flow challenges, particularly in the current economic situation. They usually budget to break even financially. If some funding does not materialize as expected, they may be forced to close down. Their directors may be at financial risk as a result.

    Filed under:
    Canada, Employment & Labor, Insolvency & Restructuring, Non-profit Organizations, Borden Ladner Gervais LLP, Wage, Bankruptcy, Legal personality, Interest, Employment contract, Budget, Trade union, Wrongful dismissal, Debt, Liability (financial accounting), Common law, Joint and several liability, Severance package, European Space Agency, Corporations Act 2001 (Australia), Employment Standards Act 2000 (Ontario) (Canada), Canada Labour Code
    Authors:
    Michelle S. Henry
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP
    All for one and one for all: joint obligations in Guernsey
    2009-12-03

    Everyone is familiar with the story of the dashing Musketeers – Porthos, Athos, Aramis and d’Artagnan- and their inspirational motto. At the end of his adventures, one member of this famous band retired in order to marry the widow of a wealthy French lawyer, for whom the rallying cry might well have had a different significance.

    Filed under:
    Guernsey, Insolvency & Restructuring, AO HALL Advocates, Surety, Debtor, Debt, Joint and several liability
    Authors:
    Jon Barclay
    Location:
    Guernsey
    Firm:
    AO HALL Advocates
    Hong Kong court dismisses application for further stay of enforcement
    2019-01-14

    After reluctantly issuing an initial stay of enforcement in July 2018, the Hong Kong Court of First Instance recently dismissed an application by China Zenith Chemical Group Ltd (CZ) to further delay the enforcement of an arbitral award in favour of Baosteel Engineering & Technology Group Co Ltd (BS).

    Baosteel Engineering & Technology Group Co Ltd v China Zenith Chemical Group Ltd [2019] HKFCI 68

    Filed under:
    Hong Kong, Arbitration & ADR, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Joint and several liability
    Authors:
    Kathryn Sanger , May Tai , Simon Chapman KC , Briana Young
    Location:
    Hong Kong
    Firm:
    Herbert Smith Freehills LLP
    Liability of foreign director in Dutch bankruptcy: are natural persons exempt?
    2011-12-16

     

    Introduction
    Director's liability under Section 2:11 in conjunction with Section 2:248
    Comment


    Introduction

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, NautaDutilh, Bankruptcy, Legal personality, Shareholder, Joint and several liability
    Authors:
    Oete Vonk
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Spanish banks must refund homebuyers’ deposits on unfinished developments
    2016-06-29

    A ruling by the Supreme Court in Spain says Spanish banks that held deposits for property that was never built are to be held to account. Around 100,000 people in the UK are thought to have paid big sums towards such properties in Spain but these were lost when several developers went bust in the wake of 2008’s financial crisis. Estimates for how much British buyers could claim are around £4bn.

    Filed under:
    Spain, United Kingdom, Banking, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Joint and several liability, Supreme Court of the United States
    Authors:
    Cristina Fernandez , Ramón Castilla
    Location:
    Spain, United Kingdom
    Firm:
    Squire Patton Boggs
    Spanish Corporate-Real Estate Legal Update nº 31. July 2016: Determination of the Moment at Which Director Liability Arises for Corporate Debts in the Event of Company Insolvency
    2016-07-06

    Supreme Court Judgment dated 10 March 2016 (STS 151/2016)

    The judgment of the Supreme Court analyses the objective scope of extension of the liability for obligations and debts for which, as appropriate, the director of a company should be liable and, more specifically, the scope of "the corporate obligations subsequent to the occurrence of the legal ground for dissolution".

    Filed under:
    Spain, Company & Commercial, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Patent infringement, Interest, Consideration, Debt, Court costs, Joint and several liability, Capital punishment, Dissolution (law), Supreme Court of the United States, Court of Appeal of England & Wales, South Africa Supreme Court of Appeal
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    Sale and purchase of a productive unit in Spanish liquidation insolvency proceedings
    2014-01-27
    1. The sale of productive units of a company subject to insolvency proceedings has become common practice in the Commercial Courts, especially those of Catalonia, which have the express support of the Directorate General for Industry of the Regional Government of Catalonia.

    This procedural solution allows companies to continue as a going concern, ensuring the maintenance of jobs and avoiding the destruction of the business landscape.

    Filed under:
    Spain, Insolvency & Restructuring, Gomez-Acebo & Pombo Abogados, Debtor, Liquidation, Joint and several liability
    Authors:
    Daniel Irigoyen Fujiwara
    Location:
    Spain
    Firm:
    Gomez-Acebo & Pombo Abogados
    Restructuring - January 2014 - Madrid Provincial Court (division 28) ruling No. 232/2013, of July 19, 2013, and Barcelona Provincial Court (division 15) ruling No. 177/2013, of May 2, 2013
    2014-01-28

    The Madrid and Barcelona Provincial Courts took different positions on the classification of a creditor’s credit in the insolvency of the joint and several guarantor: the former classed it as an insolvency credit; the latter classed it as a contingent claim.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Cuatrecasas, Surety, Debtor, Debt, Default (finance), Joint and several liability
    Location:
    Spain
    Firm:
    Cuatrecasas
    Credits with respect to joint and several surety in the bankruptcy proceedings
    2011-11-30

    The object of this article is to analyze a controversial issue which is considered in recent times by the Mercantile Courts as a current incident involved in the Bankruptcy Proceedings and more specifically, to analyze the Judgement issued by the Court of First Instance no. 9 and Mercantile Court of Cordoba dated April, 19th 2010, in which the aforementioned incident is involved.  

    This incident is essentially based on establishing the treatment that should be granted to the additional guarantees provided by third parties in bankruptcy proceedings.  

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Bankruptcy, Surety, Debtor, Joint and several liability
    Authors:
    Paula Casado
    Location:
    Spain
    Firm:
    Squire Sanders Hammonds

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