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    Subordination clear? German Federal Court of Justice clarifies the scope and limits of subordination agreements
    2015-10-15

    The Federal Court of Justice (Bundesgerichtshof – BGH) on 5 March 2015 issued a decision (case no. IX ZR 133/14, available here) that is of immense relevance for all creditors and debtors that face the need of a subordination agreement (Rangrücktrittvereinbarung) under German law.

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, DLA Piper, Debtor, Liability (financial accounting), Unjust enrichment
    Authors:
    Mareike Schwedler
    Location:
    Germany
    Firm:
    DLA Piper
    Priorities outside the Alberta Personal Property Security Act (PPSA)
    2014-03-17
    1.  INTRODUCTION

    S4 of the PPSA, provides that "except as otherwise provided" in the PPSA, the PPSA does not apply to a number of enumerated liens, charges or other interests, including as set out in s4(a) "a lien, charge or other interest given by an Act or rule of law in force in Alberta".

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Real Estate, DLA Piper, Solicitor, Personal property, Common law, Personal Property Security Act 1990 (Canada)
    Location:
    Canada
    Firm:
    DLA Piper
    Gategroup: Planning and scheming - are super schemes actually insolvency proceedings?
    2021-02-23

    The new Part 26A Companies Act Restructuring Plan procedure, dubbed the “Super Scheme”, (summarised here) was gathering pace in the English courts since its introduction in June last year. Last week’s judgment in gategroup presents a potential speed bump in terms of its implementation as the restructuring tool of choice in European cross-border restructurings.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, DLA Piper, Coronavirus
    Authors:
    David Ampaw
    Location:
    European Union, United Kingdom
    Firm:
    DLA Piper
    So where now for Landlords and Tenants as the September quarter day for rent payment looms?
    2020-09-28

    The Corporate Insolvency and Governance Act received Royal Assent on 25 June 2020. It implements the measures announced by the UK government on 23 April 2020 to safeguard against aggressive rent collection tactics. It follows the ban on forfeiture for non-payment of rent contained in the Coronavirus Act 2020 which came into effect on 25 March 2020. In this article, DLA Piper’s experienced Real Estate and Restructuring lawyers assess the debt collection restrictions contained in both Acts.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, DLA Piper, Coronavirus, Commercial tenant
    Authors:
    Tim Dawson , Rowan Aspinwall
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Overview of Government Assistance in Response to COVID-19 - Edition 3 (Germany)
    2020-03-30

    In the following, we provide an overview of government assistance that has already been implemented or is planned to mitigate the effects of COVID-19. The KfW Special Program is available as of March 23, 2020 and applications can be submitted. Please be advised that changes may occur at any time.

    We are happy to assist you as you move forward and design a targeted and tailor-made reaction to the current challenges.

    Filed under:
    Germany, Employment & Labor, Insolvency & Restructuring, Litigation, Public, DLA Piper, Coronavirus
    Location:
    Germany
    Firm:
    DLA Piper
    Supreme Court of Canada decision in “Redwater” clarifies the landscape for oil and gas industry in Alberta
    2019-02-01

    On January 31, 2019, the Supreme Court of Canada released its much-anticipated decision in Orphan Well Association et al. v. Grant Thornton Limited et al., 2019 SCC 5, commonly referred to as “Redwater”. Specifically, Redwater clarifies the priority as between environmental obligations and those afforded to secured creditors in insolvency proceedings.

    Filed under:
    Canada, Energy & Natural Resources, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta
    Authors:
    Carole J. Hunter , Ryan Algar
    Location:
    Canada
    Firm:
    DLA Piper
    A warning to all institutions handling client monies
    2017-04-18

    The recent case of Singularis Holdings Ltd v Daiwa Capital Markets Europe Ltd [2017] EWHC 257 (Ch) (Singularis) is an important decision affecting any institution that handles client payments, including banks. It decided that a stock broker was liable in negligence for having breached its duty of care to its customer, Singularis Holdings Ltd (in liquidation) (Singularis), by paying monies out of its client account on the instruction of one of Singularis' directors and its only shareholder, Mr Al Sanea.

    Background

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Professional Negligence, White Collar Crime, DLA Piper, Shareholder, Fraud, Negligence, Liquidation, Duty of care, Liquidator (law)
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Barbarians at the (Marble)gate?
    2015-10-06

    Restructurings are all about alternatives. It is one thing for a creditor to hold an instrument that entitles it to payment of $X on Y date. But if the debtor does not have the cash to satisfy the obligation when due, some type of restructuring must occur.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, DLA Piper, Debtor
    Authors:
    Eric Goldberg
    Location:
    USA
    Firm:
    DLA Piper
    Bankruptcy Court defines limits of shareholder safe harbor in failed leveraged buyouts
    2014-01-24

    An opinion issued in connection with the bankruptcy cases of Lyondell Chemical Company and its affiliates may have significant implications for shareholders who receive payments in connection with a leveraged buyout when the underlying company subsequently files for bankruptcy. 

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, DLA Piper, Bankruptcy, Shareholder, Debtor, Leveraged buyout, United States bankruptcy court
    Location:
    USA
    Firm:
    DLA Piper
    Occupational Pensions: Federal Labour Court confirms its established ruling on limited liability in case of acquiring a company out of insolvency
    2021-02-22

    By judgment of 26 January 2021 (docket number: 3 AZR 878/16, 3 AZR 878/17) the Federal Labour Court (Bundesarbeitsgericht – BAG) has ruled that the acquirer of an insolvent company is only liable for vested entitlements and claims to occupational pension that had been earned after the opening of insolvency proceedings. He is not liable for the pension based on periods before, even if the German Insolvency Protection Fund (PSV) does not fully cover this part of the pension.

    Facts / Background:

    Filed under:
    Germany, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, DLA Piper
    Authors:
    Georg Haberkorn
    Location:
    Germany
    Firm:
    DLA Piper

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