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    Enforcement of intercreditor agreements — when should their terms give way to the "bankruptcy imperative"?
    2011-04-07

    Recently, several courts have added to the growing body of decisions construing intercreditor agreements in bankruptcy cases.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bankruptcy, Debtor, Collateral (finance), Waiver, Interest, Debt, Mortgage loan, Federal Communications Commission (USA), United States bankruptcy court
    Authors:
    Mitchell A. Seider
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    US Supreme Court Clarifies Treatment of Rejected Trademark Licenses and Other Executory Contracts in Bankruptcy
    2019-06-24

    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, Hong Kong, Italy, Singapore, and the United Kingdom and as an affiliated partnership conducting the practice in 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:
    USA, Insolvency & Restructuring, Litigation, Trademarks, Latham & Watkins LLP, SCOTUS
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    The DTEK Restructuring - The Final Chapter
    2017-04-27

    The court’s sanction of DTEK's latest scheme includes novel references to its outstanding bank debt and helpfully rules on the controversial 'domicile test'.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Latham & Watkins LLP
    Authors:
    John Houghton , Vanessa Morrison
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    Mercantile Courts of Catalonia to follow “Celsa” rationale
    2013-11-08

    Proceedings from the Courts’ seminar on the homologation of refinancing agreements clarify some material uncertainties.

    Background

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Refinancing, Secured creditor
    Authors:
    Ignacio Pallarés , Javier López Antón , Fernando Colomina Nebreda
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    Exit consents
    2012-08-09

    Summary

    Filed under:
    Ireland, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Balance sheet, Subordinated debt, High Court of Justice
    Authors:
    John Houghton
    Location:
    Ireland, United Kingdom
    Firm:
    Latham & Watkins LLP
    District court reverses bankruptcy court’s decision in TOUSA
    2011-03-15

    3V Capital Master Fund LTD. v. Official Comm. of Unsecured Creditors of TOUSA, Inc. (In re TOUSA, Inc.), 2011 U.S. Dist. LEXIS 14019 (S.D. Fla. Feb. 11, 2011).

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Bond (finance), Bankruptcy, Surety, Debtor, Unsecured debt, Breach of contract, Interest, Debt, Subsidiary, Secured loan, Title 11 of the US Code, United States bankruptcy court, Eleventh Circuit, US District Court for Southern District of Florida
    Authors:
    Mitchell A. Seider , Melinda C. Franek , Emily B. Menchel
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    The Italian Insolvency Code: New Tools for Managing a Crisis
    2019-04-16

    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, Hong Kong, Italy, Singapore, and the United Kingdom and as an affiliated partnership conducting the practice in 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, Banking, Insolvency & Restructuring, Litigation, Latham & Watkins LLP
    Location:
    Italy
    Firm:
    Latham & Watkins LLP
    Update: Upheaval in the German Restructuring Market: Need-to-Know Facts, Alternative Tools and New Draft Law
    2017-03-15

    To date, a debt waiver has been frequently used as a tool to successfully restructure German-based companies in financial difficulties.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Tax, Latham & Watkins LLP
    Authors:
    Frank Grell , Jörn Kowalewski , Hendrik Hauke , Tobias Klass , Thomas Fox
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    “Super-priority” rejected – practitioners and lenders alike welcome hotly anticipated Supreme Court decision
    2013-07-26

    Relief for lenders and administrators as UK Supreme Court reverses “super-priority” status of pensions liabilities in insolvency ranking.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Unsecured debt, Debt, Liability (financial accounting), The Pensions Regulator, UK Supreme Court
    Location:
    United Kingdom
    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

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