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    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
    Beware of creditors bearing gifts: the Second Circuit’s recent decision in In re: DBSD North America, Inc. casts significant doubt on “gift” plans
    2011-02-28

    On February 7, 2011 the United States Court of Appeals for the Second Circuit issued its eagerly awaited opinion in the consolidated appealIn re: DBSD North America, Inc., Docket Nos. 10-1175, 10-1201, 10-1352, 2010 U.S. App. LEXIS 27007.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Share (finance), Bankruptcy, Debtor, Unsecured debt, Dividends, Federal Reporter, Liquidation, Secured creditor, Second Circuit, United States bankruptcy court, First Circuit
    Authors:
    Mark A. Broude , Jason B. Sanjana
    Location:
    USA
    Firm:
    Latham & Watkins LLP
    The Italian Insolvency Code: New Rules on ‘Debtor-inPossession’ Financing
    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
    Upheaval in the German Restructuring Market - Need-to-know Facts and Alternative Tools
    2017-02-16

    To date, a debt waiver has been frequently used as a tool to successfully restructure German based companies in financial difficulties. A decision of the German Federal Fiscal Court (Bundesfinanzhof) published on February 8, 2017 currently limits such an option, given that it held that one of the main instruments used by tax authorities to grant relief from an otherwise taxable cancellation of debt income (CODI) in the form of the so-called Restructuring Decree (Sanierungserlass) violates fundamental constitutional rights.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Tax, Latham & Watkins LLP, Federal Ministry of Finance (Germany)
    Location:
    Germany
    Firm:
    Latham & Watkins LLP
    WARN Act decision: how private equity might avoid “single employer” status
    2013-07-18

    Delaware Bankruptcy Court Holds that Private Equity Firm And Its Portfolio Company Are Not Liable Under Federal WARN Act

    Filed under:
    USA, Delaware, Employment & Labor, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Worker Adjustment and Retraining Notification Act 1988 (USA), United States bankruptcy court
    Authors:
    Richard A. Levy
    Location:
    USA
    Firm:
    Latham & Watkins LLP

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