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Liquidation of Limited Liability Companies (LLC) in UAE
2017-04-30

Introduction:

Filed under:
United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Legal personality, Shareholder, Limited liability company, Liability (financial accounting), Liquidation, Articles of association, Liquidator (law)
Location:
United Arab Emirates
View Original Article
Spanish Corporate-Real Estate Legal Update nº 31. July 2016: The Supreme Court Rates a Credit as Subordinated Because the Creditor Is a Company Belonging to the Insolvent Company’s Group
2016-07-06

Judgment of the Supreme Court, Chamber One, Number 134/2016, 04 March

Filed under:
Spain, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Legal personality, Shareholder, Credit (finance), Debtor, Consideration, Debt, Mortgage-backed security, SCOTUS, Court of cassation
Authors:
Ramón Castilla
Location:
Spain
Firm:
Squire Patton Boggs
View Original Article
Proposed reform of the Insolvency Code creates a favourable environment for turnaround investments in Germany
2011-04-19

Recently the German Federal Government introduced a reform of the German Insolvency Code by adopting a draft bill of an Act to Further Facilitate the Restructuring of Businesses (the “Bill”). The Bill primarily focuses on the facilitation of insolvency plans as a tool for restructurings and to eliminate certain obstacles of the German insolvency law. If enacted as proposed, the Bill would simplify the purchase of shares of an insolvent company and would give investors more influence and flexibility in in-solvency plan proceedings.

INSOLVENCY PLANS

Filed under:
Germany, Insolvency & Restructuring, Squire Patton Boggs, Share (finance), Bankruptcy, Legal personality, Shareholder, Debtor, Debt, Bundestag, Trustee
Location:
Germany
Firm:
Squire Sanders Hammonds
View Original Article
Recent developments in English insolvency law
2010-07-09

The summer months are upon us, and developments in insolvency law and practice continue apace. Since our Spring issue the courts have pronounced in a number of interesting cases. At the time of writing, the World Cup is underway – it would perhaps be remiss not to have some football flavour in this article, and so some observations on the plight of Portsmouth FC are appropriate (though saved till the end).

Successive notices of intention to appoint administrators: more than one moratorium?

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Legal personality, Abuse of process, Limited partnership, Liquidation, Moratorium (law), Insolvency Act 1986 (UK), High Court of Justice
Authors:
Graeme D. Levy
Location:
United Kingdom
Firm:
Squire Patton Boggs
View Original Article
How rights of preferred stockholders are affected by insolvency plan proceedings – Garant
2010-07-09

The German Federal Civil Court (BGH) in its decision of 15 April 2010 (IX ZR 188/09) clarified the legal position of holders of preferred stock in insolvency plan proceedings.

Filed under:
Germany, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Share (finance), Legal personality, Shareholder, Debtor, Dividends, Waiver, Liability (financial accounting), Liquidation, Joint-stock company, Preferred stock
Authors:
Andreas Lehmann
Location:
Germany
Firm:
Squire Patton Boggs
View Original Article
The liability of directors and the crisis in the real estate sector
2008-05-30

As a consequence of the current situation of economic crisis and the sudden braking in construction, we observe that every day we are finding ourselves with fresh news of negotiations with financial institutions, and applications for declarations of bankruptcy from creditors.

Filed under:
Spain, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs, Bankruptcy, Legal personality, Credit (finance), Debtor, Liability (financial accounting), Liquidation, Companies Act
Location:
Spain
Firm:
Squire Patton Boggs
View Original Article
Newsletter corporate - March, 2014 - I Legal standing to file for insolvency proceedings of private limited liability (“quota) companies managed by all the managing partners
2014-04-07

Introduction: The Question

Filed under:
Portugal, Insolvency & Restructuring, Litigation, Cuatrecasas, Legal personality
Location:
Portugal
Firm:
Cuatrecasas
View Original Article
Legal considerations for managing restructurings in China
2009-05-11

Many multinational corporations ("MNCs") are either restructuring or actively considering restructuring their China operations, given the current economic conditions and forecasts. Restructuring efforts often include consolidating legal entities, business units, and operations; closing down operations and factories; and workforce reductions. Implementing such restructuring efforts often raises complicated legal issues, many of which require careful analysis in light of recent legislation and policy considerations.

Consolidating Operations

Filed under:
China, Insolvency & Restructuring, Jones Day, Legal personality, Customs, Accounts receivable, Liability (financial accounting), Liquidation, Transfer pricing, Consolidation (business)
Location:
China
Firm:
Jones Day
View Original Article
European focus—understanding “centre of main interests”: where are we?
2007-10-01

2002 was a seminal year for restructuring and insolvency professionals in the U.K. In November of that year, the eagerly anticipated Enterprise Act of 2002, which was intended to lay the statutory foundations for the “rescue culture,” received royal assent. Six months earlier, with considerably less fanfare, the EC Regulation on Insolvency Proceedings (EC No. 1346/2000) (the “Regulation”) was introduced throughout the EU (except Denmark). A clear understanding of how these twin pieces of law operate is crucial when reviewing a stakeholder’s options once a company becomes distressed.

Filed under:
United Kingdom, Insolvency & Restructuring, Jones Day, Legal personality, Debtor, Hedge funds, Forum shopping, European Commission
Location:
United Kingdom
Firm:
Jones Day
View Original Article
Bankruptcy Courts Closing In - Will An Agreement Requiring Unanimous Consent To File For Bankruptcy Be Effective?
2016-07-07

We’ve all seen it. The business opportunity looks enticing but is laced with risk about a potential bankruptcy filing down the road. As bankruptcy lawyers we are often asked how deals can be structured to prevent a potential bankruptcy filing.

Filed under:
USA, Insolvency & Restructuring, Litigation, Bryan Cave Leighton Paisner (Bryan Cave), Bankruptcy, Legal personality, Debtor, Waiver, Fiduciary, Copyright infringement, Limited liability company, Consent, Limited partnership, Default (finance), United States bankruptcy court, US District Court for District of Delaware, US District Court for Northern District of Illinois
Authors:
Natalie Daghbandan
Location:
USA
Firm:
Bryan Cave Leighton Paisner (Bryan Cave)
View Original Article

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