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    Increased threshold to trigger directors' liability in insolvency scenario?
    2017-04-14

    Introduction

    The Sapin II Act of November 8 2016 amended the regime governing directors' liability in an insolvency scenario in order to encourage the recovery of honest directors of failed businesses.

    Filed under:
    France, Company & Commercial, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Liability (financial accounting), Liquidation, Liquidator (law)
    Authors:
    Nicolas Morelli , Celine Nezet
    Location:
    France
    Firm:
    Bird & Bird LLP
    Restructuring Alert - April 2017
    2017-04-24

    Introduction

    The Sapin II Act of November 8 2016 amended the regime governing directors' liability in an insolvency scenario in order to encourage the recovery of honest directors of failed businesses.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Bird & Bird LLP, Debtor, Liability (financial accounting), Negligence, Liquidation, Liquidator (law)
    Authors:
    Nicolas Morelli , Celine Nezet
    Location:
    France
    Firm:
    Bird & Bird LLP
    Snooze and you lose in Slovakia
    2016-08-10

    A recent decision of the Slovak Courts suggest that if main proceedings have been opened in one member state and the debtor has assets in Slovakia, the insolvency practitioner in the main proceedings must act quickly and sell those assets before secondary proceedings are opened in Slovakia, otherwise he runs the risk of losing the assets to the secondary estate. Legal title to the assets must have passed to the buyer before the secondary proceedings are opened; it is not enough just for contracts to have been exchanged.

    Filed under:
    France, Slovakia, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Debtor, Interest, Liquidation, Liquidator (law), Article 8 ECHR, Trustee
    Authors:
    Silvia Belovicova , Alexandre Le Ninivin
    Location:
    France, Slovakia
    Firm:
    Squire Patton Boggs
    Liquidation judiciaire : l’effet rétroactif de l’inscription hypothécaire définitive
    2016-09-19

    Admission de l’inscription définitive d’une hypothèque judiciaire provisoire malgré la liquidation judiciaire

    Cass. Com, 3 mai 2016, n°14-21.556

    Aux termes d’un arrêt de principe, la Cour de cassation entérine et confirme la possibilité pour le créancier disposant d’une hypothèque judiciaire provisoire, inscrite avant le jugement d’ouverture, de l’inscrire définitivement après la liquidation judiciaire du débiteur.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Liquidation
    Authors:
    Laure Perrin
    Location:
    France
    Firm:
    Squire Patton Boggs
    European perspective in brief - March/April 2014
    2014-03-31

    Europe has struggled mightily during the last several years to triage a long series of critical blows to the economies of the 28 countries that comprise the European Union, as well as the collective viability of eurozone economies. Here we provide a snapshot of some recent developments regarding insolvency, restructuring, and related issues in the EU. 

    Filed under:
    France, Spain, United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, Shareholder, Debtor, Liquidation
    Authors:
    Mark G. Douglas
    Location:
    France, Spain, United Kingdom
    Firm:
    Jones Day
    Upcoming changes to French insolvency law
    2014-05-14

    Introduction

    The ongoing financial crisis has not left France untouched. The number of company insolvencies rose considerably in 2013: while judicial rehabilitation proceedings remained stable, liquidation proceedings increased by 4% from 2012, and “safeguard” proceedings (a procedure inspired by “Chapter 11” proceedings in the United States) increased by 9%. Pre-insolvency proceedings such as judicially-supervised conciliation and ad hoc mediation reached an all-time high, 24% over 2012.

    Filed under:
    France, Insolvency & Restructuring, Norton Rose Fulbright, Debtor, Mediation, Liquidation, Conciliation
    Authors:
    Philippe Hameau
    Location:
    France
    Firm:
    Norton Rose Fulbright
    French distressed companies law modernized
    2014-03-27

    Order No. 2014-326 of March 12 (the "Order"), adopted pursuant to enabling legislation No. 2014-1 of January 2, significantly modernizes French distressed companies law.  

    The primary objective of the Order is to encourage recourse to mediation proceedings and conciliation proceedings, the efficiency and success of which have been demonstrated consistently in recent major financial restructurings. 

    Filed under:
    France, Insolvency & Restructuring, Jones Day, Shareholder, Debtor, Liquidation
    Location:
    France
    Firm:
    Jones Day
    French bankruptcy law amendments: expansion and strengthening of protective measures, and reforms to procedures relating to bondholders and to accelerated financial safeguards
    2012-04-17

    SUMMARY

    French bankruptcy law has been recently modified by Law no. 2012-346 of March 12, 2012 relating to protective measures (mesures conservatoires) applicable to safeguard, recovery and liquidation proceedings, and by Law no. 2012-387 of March 22, 2012 relating to the simplification and easing of administrative procedures.

    Filed under:
    France, Insolvency & Restructuring, Sullivan & Cromwell LLP, Bankruptcy, Legal personality, Liquidation
    Authors:
    Gauthier Blanluet , Nicolas de Boynes , Richard Vilanova , Olivier de Vilmorin
    Location:
    France
    Firm:
    Sullivan & Cromwell LLP
    Termination of a lease may be sought three months after the opening of liquidation proceedings or, in case of conversion of proceedings, after the opening of the previous proceedings
    2013-04-19

    (Cass. Com, Feb. 19, 2013, no. 12-13.662)

    In the instant case, a lessee had been placed into receivership on September 27, 2010, and then into court-ordered liquidation on November 8, 2010. Subsequently, on December 28, 2010, the lessor had served the liquidator with notice of termination for nonpayment of the rents accrued since the opening of insolvency proceedings.

    Filed under:
    France, Insolvency & Restructuring, Litigation, Real Estate, Bersay, Liquidation, Liquidator (law)
    Location:
    France
    Firm:
    Bersay
    Bankruptcy and arbitration laws in France
    2010-07-20

    In France, when bankruptcy proceedings are instituted against a party involved in a pending arbitration it can result in conflicts between the applicable arbitration and insolvency rules. In that context, an arbitral tribunal sitting in France may be confronted with determining the extent to which they must defer to mandatory insolvency rules.

    Filed under:
    France, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Legal personality, Debtor, Arbitration clause, Arbitration award, Liquidation, Estoppel, Paris Court of Appeal, Arbitral tribunal, Court of Cassation (France)
    Authors:
    Dany Khayat
    Location:
    France
    Firm:
    Mayer Brown

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