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    Cross Border Restructuring and Insolvency Update - May 2016
    2016-05-31

    Short stories

    Amendments to the Czech Insolvency Act 2016

    Filed under:
    Czech Republic, Global, Hungary, India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Liquidation
    Authors:
    Alan Bennett , Emma Clayton , Olivia Bridger
    Location:
    Czech Republic, Global, Hungary, India
    Firm:
    Ashfords LLP
    Means obtained via lease of mortgaged real estate, proceeds from liquidation of collateral
    2015-10-31

    (Czech Supreme Court Resolution No. 29 NSCR 31/2013 of30th  April 2015)

    The applicant for an appellate review turned to the Supreme Court with the question of whether a secured creditor is entitled to rent obtained during insolvency proceedings from the leasing of mortgaged real estate.

    Filed under:
    Czech Republic, Banking, Insolvency & Restructuring, Litigation, Weinhold Legal, s.r.o. advokátní kancelá, Collateral (finance), Mortgage loan, Liquidation, Supreme Court of the United States
    Authors:
    Daniel Weinhold , Milan Polák
    Location:
    Czech Republic
    Firm:
    Weinhold Legal, s.r.o. advokátní kancelá
    Liquidation of Entities in Egypt
    2016-10-04

    The liquidation of companies in Egypt is governed by the Egyptian Companies Law. No. 159/1981[1], the law governs all the aspects of the companies’ liquidation including the reasons of liquidation, status of the company under liquidation, the appointment of the liquidator, responsibilities of the liquidator and revocation of the liquidator.

    The company may be liquidated for the following reasons:

    Filed under:
    Egypt, Company & Commercial, Insolvency & Restructuring, Youssry Saleh & Partners, Liquidation, Liquidator (law)
    Location:
    Egypt
    Firm:
    Youssry Saleh & Partners
    German Insolvency Law : an overview.
    2016-08-26

    German Insolvency Law

    an overview.

    Filed under:
    Germany, Global, Banking, Insolvency & Restructuring, Litigation, Mayer Brown, Legal personality, Shareholder, Debtor, Market liquidity, Debt, Liability (financial accounting), Liquidation, Pro rata, Title 11 of the US Code
    Location:
    Germany, Global
    Firm:
    Mayer Brown
    The German Separate Banks Act (Trennbankengesetz) a solution for the “too big to fail / too interconnected to fail” problem?
    2013-05-28

    A. Bill of the “Law on shielding credit institutions and financial groups against risks and planning their restructuring and winding-up”

    Filed under:
    Germany, Banking, Capital Markets, Insolvency & Restructuring, CMS Germany, Liquidation, Federal Financial Supervisory Authority (Germany)
    Authors:
    Alexandra Möller
    Location:
    Germany
    Firm:
    CMS Germany
    German insolvency law – an overview
    2012-06-22

    German insolvency law is governed by a comprehensive Insolvency Code which entered into force on January 1, 1999 and has been amended from time to time, the last major reform being the Act for the Further Facilitation of the Restructuring of Companies (ESUG) which largely came into force as of 1 March 2012. There is only one primary uniform insolvency procedure which applies to both individuals and companies. In the following, we focus on companies.

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Legal personality, Debtor, Market liquidity, Liquidation
    Authors:
    Dr. Marco Wilhelm , Kevin Philipp Lach , Dr. Nicolas Rößler, LL.M.
    Location:
    Germany
    Firm:
    Mayer Brown
    German insolvency laws continue to facilitate out-of-court restructurings: German legislation resolves to permanently apply current restructuring friendly overindebtedness regime
    2012-12-06

    The German Insolvency Code requires the management of German limited liability companies (GmbH), stock corporations (AG) and other entities without personal liability to file for the commencement of insolvency proceedings no later than three weeks after the entity has become illiquid (zahlungsunfähig) or overindebted (überschuldet).  

    Filed under:
    Germany, Insolvency & Restructuring, Latham & Watkins LLP, Market liquidity, Liquidation, Balance sheet
    Authors:
    Frank Grell , Daniel Ehert
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    The new German laws governing the restructuring of companies
    2012-03-06

    German Insolvency Law – a Leap Forward

    Creditors have often complained that German insolvency law does not give them sufficient influence in insolvency proceedings. On 1 March 2012 new amendments to the German bankruptcy code came into force which go some way towards ameliorating this concern and make a host of changes which should improve German insolvency law to facilitate an insolvency culture which facilitates reorganisation rather than liquidation of assets.  

    Filed under:
    Germany, Insolvency & Restructuring, White & Case, Shareholder, Debtor, Liquidation
    Authors:
    Leïla M. Röder , Dr. Tom Oliver Schorling , Dr. Sven-Holger Undritz , Stephen Phillips
    Location:
    Germany
    Firm:
    White & Case
    New restructuring/reorganization and transfer procedures for endangered German-based credit institutions.
    2010-10-08

    On 13 July 2010 Germany's Federal Ministry of Justice and Finance published a discussion draft of an Act for the Restructuring and Orderly Liquidation of Credit Institutions, for the Establishment of a Restructuring Fund for Credit Institutions and for the Extension of the Limitation (Restructuring Act).

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Squire Patton Boggs, Credit (finance), Liquidation, Endangered species
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    German insolvency law is geared towards liquidation of the debtor – insolvency plan procedures are only applied in exceptional cases
    2010-05-31

    German Insolvency Law

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Legal personality, Shareholder, Debtor, Board of directors, Market liquidity, Limited liability company, Debt, Liability (financial accounting), Liquidation, Balance sheet, Joint-stock company, Pro rata
    Authors:
    Dr. Marco Wilhelm , Kevin Philipp Lach , Dr. Nicolas Rößler, LL.M.
    Location:
    Germany
    Firm:
    Mayer Brown

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