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    Global Insight - Issue 30, October 2019: Getting insolvency proceedings recognized in the UK: Have you thought about section 426?
    2019-10-07

    In a world of multinational businesses, ever-changing consumer trends and political uncertainties, insolvencies and financial restructurings of a cross-border nature are a common occurrence. Officeholders therefore frequently need to consider options that allow, at the very least, recognition of their appointment in the jurisdictions where the insolvent debtor has (or had) operations, assets or other relevant connections.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, UNCITRAL
    Authors:
    Tim Dawson
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Cross border restructurings - INSOL International Channel Islands Seminar
    2017-10-11

    The INSOL International Channel Islands Seminar took place on 13 September 2017 in Guernsey, where tensions rose high as jurisdictions battled it out for the crown of the "go-to" jurisdiction for cross border restructurings.

    Filed under:
    European Union, Netherlands, Singapore, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, DLA Piper, Debt restructuring
    Authors:
    David Ampaw
    Location:
    European Union, Netherlands, Singapore, United Kingdom
    Firm:
    DLA Piper
    Back to basics: enforcing a judgment in Scotland
    2016-10-26

    The aim of a payment action is to recover monies due. Obtaining a positive judgment from the court is just the first step in that process. The party with the benefit of the judgment still needs to enforce the order if payment is not made. This guide describes what enforcement means in practice and the approach to enforcement in Scotland.

    Getting started

    To enforce a court decree in Scotland, creditors need to do the following:

    Filed under:
    United Kingdom, Scotland, Company & Commercial, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Chapter 15: section 363 review trumps comity
    2014-12-18

    On September 26, 2014, in the Farnum case (Krys v. Farnum Place, LLC (In re Fairfield Sentry Ltd.), 768 F.3d 239 (2d Cir. 2014)) the Court of Appeals for the Second Circuit held that Bankruptcy Code section 363 review applied to a transfer of a Securities Investor Protection Act (“SIPA”) claim held by an off-shore entity in foreign liquidation proceedings recognized in the United States. The decision is significant for two reasons.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, DLA Piper, Federal Reporter, Comity, Second Circuit
    Location:
    USA
    Firm:
    DLA Piper
    Indalex decision: insolvency law v. pension law, round three
    2013-02-11

    The Supreme Court of Canada’s decision in the case of Re Indalex Ltd. [2013] SCC 6 (the “Decision”) does not, as one national newspaper put it place “creditors before pensioners”. The Decision which overturned the Ontario Court of Appeal’s decision in Re Indalex Ltd. [2011] O.J. No.

    Filed under:
    Canada, Ontario, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, DLA Piper, Fiduciary, Defined benefit pension plan, Supreme Court of Canada, Court of Appeal for Ontario
    Location:
    Canada
    Firm:
    DLA Piper
    Blocking rights and the Texas wind power generation industry
    2022-01-20

    Winter is here, with the attendant risk of another major weather event impacting the energy production industry, and, specifically, the wind power generation industry in Texas. Last year, Winter Storm Uri significantly disrupted the Texas power grid and forced several energy originators, distributors, and buyers to consider restructuring alternatives.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper
    Location:
    USA
    Firm:
    DLA Piper
    Distressed real estate in Denmark: Four things investors should know
    2020-10-13

    In the wake of the global financial crisis in 2007-08, distressed real estate yielded generous returns to investors that managed to pick the right cherries at the right times.

    Filed under:
    Denmark, Insolvency & Restructuring, Litigation, Real Estate, Wills & Probate, DLA Piper, Coronavirus, Commercial tenant
    Location:
    Denmark
    Firm:
    DLA Piper
    Room for manoeuvre for directors of UK companies? Corporate Insolvency and Governance Act temporarily modifies wrongful trading liability
    2020-07-05

    The rapidly changing impact of COVID-19 on companies and the wider economy presents directors with the unenviable task of balancing the immediate need to secure the survival of their company against the longer-term implications for their stakeholders. In March, the UK Government announced that wrongful trading measures would be temporarily suspended to ease this pressure. The suspension measures are included in the Corporate Insolvency and Governance Act 2020, which introduces both temporary measures, such as this, and permanent and significant changes to UK insolvency law.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus, House of Lords
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Clarity at last - priority of employee claims on insolvency of a corporate trustee
    2019-08-21

    An important decision[1] has been handed down by the High Court of Australia which relates to the order of payment of statutorily preferred debts out of trust property held by an insolvent corporate trustee.

    Filed under:
    Australia, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, DLA Piper, Corporations Act 2001 (Australia), High Court of Australia
    Location:
    Australia
    Firm:
    DLA Piper
    Coordination and balance
    2017-08-31

    Cross-border insolvency of multinational groups

    WGV aims to agree a set of key principles and draft text for a regime to address crossborder insolvency in the context of enterprise groups (defined widely to mean any entity, regardless of its legal form, that is engaged in economic activities and may be governed by insolvency law). This has started to take a form most suited to a stand-alone supplement to the Model Law. The Group’s secretariat produced a draft legislative text, incorporating three principles agreed by WGV. The three principles are:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, UNCITRAL
    Location:
    European Union, United Kingdom
    Firm:
    DLA Piper

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