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    Spanish Insolvency Act changes — continuation of the trends set by the 2009 reform
    2011-10-27

    In line with the trend of the first reform to the Spanish Insolvency Act of 2003 carried out on March 2009 (the 2009 Reform), new amendments to the Spanish Insolvency Act (the SIA) were approved on 4 October 2011 (the Amendment). This Amendment will enter into force on 1 January 2012.

    Filed under:
    Spain, Insolvency & Restructuring, Latham & Watkins LLP, Debtor, Debt, Deed, Liability (financial accounting), Liquidation, Moratorium (law), Refinancing, Distressed securities, Constitutional amendment
    Authors:
    Ignacio Pallarés , Xavier Pujol , Manuel Deó
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    Survival of loss carry-forwards: European Commission raises doubts regarding common market conformity of the German restructuring clause (Sec. 8c para. 1a CTA)
    2010-07-06

    Does the German restructuring clause of Sec. 8c para. 1a CTA (see our Client Alert of 10 July 2009) conform to European Community law? This will be analyzed by the European Commission which has — by circular of 24 February — announced the initiation of a formal examination procedure (Art. 108 para. 2 TFEU, former Art. 88 para. 2 of the EC Treaty). Already before completion of the formal procedure, corporations with unrestricted and restricted tax liability in Germany may face farreaching consequences.

    A. The Restructuring Clause of Sec. 8c para. 1a CTA

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Tax, Latham & Watkins LLP, Share (finance), Shareholder, Market liquidity, Single market, Taxable income, Ex post facto law, Subsidy, State aid, Electricity generation, Pro rata, Treaty on the Functioning of the European Union, Treaty of Rome, European Commission, Court of Justice of the European Union
    Location:
    European Union, Germany
    Firm:
    Latham & Watkins LLP
    COVID-19 in Germany: Immediate Measures to Gain State Aid Financing (KfW Credit et al)
    2020-03-18

    The German government announced that it will expand the KfW financing programme.

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Latham & Watkins LLP
    Authors:
    Frank Grell , Jörn Kowalewski , Ulrich Klockenbrink
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    Count down per la legge delega relativa alla riforma delle discipline della crisi d’impresa e dell’insolvenza
    2018-05-30

    Latham & Watkins operates worldwide as a limited liability partnership organized under the laws of the State of Delaware (USA) with affiliated limited liability partnerships conducting the practice in France, Italy, Singapore, and the United Kingdom and as affiliated partnerships conducting the practice in Hong Kong and Japan. Latham & Watkins operates in South Korea as a Foreign Legal Consultant Office. Latham & Watkins works in cooperation with the Law Office of Salman M. Al-Sudairi in the Kingdom of Saudi Arabia.

    Filed under:
    Italy, Insolvency & Restructuring, Latham & Watkins LLP
    Location:
    Italy
    Firm:
    Latham & Watkins LLP
    India Implements Radical Reforms to Insolvency and Rehabilitation System
    2016-12-06

    With a new Insolvency and Bankruptcy Code that has become effective on 1 December 2016, India seeks to expedite the process for creditors seeking payment or foreclosure through the courts.

    Filed under:
    India, Insolvency & Restructuring, Latham & Watkins LLP
    Location:
    India
    Firm:
    Latham & Watkins LLP
    Abu Dhabi Global Market publishes new commercial regulations and begins financial regulation consultation
    2015-07-14

    On 15 June 2015, the Abu Dhabi Global Market (Global Market), Abu Dhabi’s financial free zone, published the following six new regulations concerning the regulation of non-financial services in the Global Market:

    Filed under:
    United Arab Emirates, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Real Estate, Latham & Watkins LLP, Financial regulation
    Location:
    United Arab Emirates
    Firm:
    Latham & Watkins LLP
    Madoff bankruptcy decision offers protection for foreign investors
    2014-07-14

    In re Madoff Securities Extends Morrison Framework to Prevent Avoidance of Purely Foreign Transfers under SIPA and the Bankruptcy Code

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Security (finance), Securities fraud
    Authors:
    Christopher Harris
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Bankruptcy Court signals that public pension obligations could be impaired in chapter 9 bankruptcy along with other creditors
    2013-04-05

    On April 1, 2013, Judge Christopher Klein, Chief Judge of the United States Bankruptcy Court for the Eastern District of California, ruled that the City of Stockton, California, could proceed with its chapter 9 bankruptcy filing. Judge Klein’s decision affirmed Stockton’s status as the largest US city (population 300,000) to have successfully sought bankruptcy protection and proceed with bankruptcy.1 Judge Klein’s comments on the record may also signal that the resolution of Stockton’s chapter 9 will require the impairment of the city’s pension obligations.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Good faith, CalPERS, United States bankruptcy court, US District Court for Eastern District of California
    Authors:
    Robert A. Klyman
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    Restructuring tax in Germany: recent court rulings, decrees and practice developments
    2012-08-08

    Restructurings have become an integral part of the reality of the German debt and equity markets.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Tax, Latham & Watkins LLP
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    Court of Appeal upholds decision that Pensions Regulator’s demands are granted “super-priority” in insolvencies
    2011-10-20

    The Court of Appeal handed down its judgment on 14 October 2011 unanimously upholding the first instance decision that a Financial Support Direction (FSD) issued by the Pensions Regulator to an entity after it has commenced insolvency proceedings will rank as an expense of the administration, therefore affording it super-priority over floating charge holders and other unsecured creditors. This decisions has significant implications for lenders to groups with UK defined benefit pension plans if any of their security is taken as a floating charge.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Unsecured debt, Debt, Liability (financial accounting), Liquidator (law), Defined benefit pension plan, The Pensions Regulator, Lehman Brothers, Court of Appeal of England & Wales, High Court of Justice
    Authors:
    Catherine Drinnan , Gretchen Lennon
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP

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