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    Corporate Insolvency and Governance Bill 2020
    2020-05-21

    Introduction

    On 28 March 2020, the UK Government announced upcoming insolvency law reforms in response to Covid-19, intended to help companies and directors.

    On 23 April 2020, the UK Government announced further measures to protect the UK high street from aggressive rent collection by prohibiting the use of statutory demands and winding up petitions to collect rent which was unpaid due to difficulties caused by Covid-19. However, at the time, it was unclear from the announcement as to whether these prohibitions would extend beyond unpaid rent to other debts.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus, UK House of Commons
    Authors:
    Martin Brown , Glen Flannery , Siân Aitken , Julian Turner
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Major restrictions on the use of winding-up procedures
    2020-05-21

    The government has introduced fundamental changes to the procedures for presenting winding-up petitions and making winding-up orders in the Corporate Governance and Insolvency Bill.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Shoosmiths LLP, Corporate governance, Coronavirus
    Authors:
    Nathan Rees
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP
    BREAKING - UK Government plans radical changes to UK insolvency regime
    2020-05-21

    Yesterday, the Government introduced legislation before Parliament, in the form of the Corporate Insolvency and Governance Bill, which will make radical changes to the UK insolvency regime. The goal of the legislation is to prevent otherwise viable companies from failing as a result of current events.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP, Corporate governance
    Authors:
    Rachel Pinto , Tim Smith
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Moratorium on winding up petitions under the Corporate Insolvency and Governance Bill 2020
    2020-05-21

    On 20 May, the Secretary of State for Business, Energy and Industrial Strategy (BEIS) introduced the Corporate Insolvency and Governance Bill to Parliament.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, TLT LLP, Coronavirus
    Authors:
    Alastair Lomax
    Location:
    United Kingdom
    Firm:
    TLT LLP
    UPDATED: Bankruptcy Implications of New COVID-19 Legislation
    2021-01-07

    The United States Congress revived the age-old tradition of passing a lame-duck Christmas Tree appropriations bill to fund the government and provide a second wave of much-needed COVID-19 relief legislation.[1] The nearly 5,600-page bill, which President Trump signed into law on December 27, 2020, inclu

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Ice Miller LLP, Coronavirus, Paycheck Protection Program
    Authors:
    Louis T. DeLucia , Dan Swetnam , Michael Ott
    Location:
    USA
    Firm:
    Ice Miller LLP
    The Ultimate Guide to the Homestead Exemption in California: [CCP § 704.730]
    2021-01-07

    While many California homeowners have heard of the homestead exemption, few understand how this powerful tool can be used to ensure that homeowners stay in their homes, despite creditors, judgments, and even bankruptcies. Below, the experienced California bankruptcy attorneys at Talkov Law provide the tips and tricks to maximize your California homestead exemption.

    Filed under:
    USA, California, Insolvency & Restructuring, Litigation, Real Estate, Talkov Law, Bankruptcy, Coronavirus, Google, Small Business Administration (USA)
    Location:
    USA
    Firm:
    Talkov Law
    Text of the long-awaited Corporate Insolvency and Governance Bill officially published by Parliament
    2020-05-21

    On 20 May, Parliament had its first reading of the Bill, a detailed document containing all the expected provisions applying across England, Wales and Scotland, and with separate (but substantially similar) provisions for Northern Ireland.

    MPs will next consider all stages of the Bill on 3 June 2020 and it is anticipated that this will be fast-tracked to become law in July.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Coronavirus, Coronavirus compliance
    Authors:
    Neil Griffiths , Ian Fox , Tessa Blank , Jason Sheard , Celia Hayward , Richard Pallot-Cook
    Location:
    United Kingdom
    Firm:
    Dentons
    First CIRC.: no 'reasonably equivalent value' in exchange for tuition payments
    2020-05-21

    In In re Palladino, 942 F.3d 55 (1st Cir. 2019), the U.S. Court of Appeals for the First Circuit addressed whether a debtor receives “reasonably equivalent value” in exchange for paying his adult child’s college tuition. The Palladino court answered this question in the negative, thereby contributing to the growing circuit split regarding the avoidability of debtors’ college tuition payments for their adult children as constructively fraudulent transfers.

    Background

    Filed under:
    USA, Capital Markets, Insolvency & Restructuring, Litigation, Duane Morris LLP, US Securities and Exchange Commission, Title 11 of the US Code, United States bankruptcy court, First Circuit, U.S. Court of Appeals
    Authors:
    Rudolph J. Di Massa, Jr. , Elisa Hyder
    Location:
    USA
    Firm:
    Duane Morris LLP
    Unlocking IMF Funding for Ukraine: Key Law Passed to Resolve Banking Crisis Legacy
    2020-05-21

    In May 2020 three years have passed[1] since Ukraine received the last funding of nearly USD 1 billion from the International Monetary Fund (the “IMF”). The funding that the IMF allocated to Ukraine was nearly four times larger than previous funding.

    Filed under:
    Ukraine, Banking, Insolvency & Restructuring, Litigation, CMS Ukraine
    Authors:
    Ihor Olekhov , Glib Bukharin
    Location:
    Ukraine
    Firm:
    CMS Ukraine
    Super-Priority for Environmental Obligations in Insolvency Law
    2020-05-21

    In the recent decision of British Columbia Attorney General v Quinsam Coal Corporation, 2020 BCSC 640 (Quinsam), the British Columbia Supreme Court (the Court) considered the priority between a debtor’s environmental liabilities and a secured creditor. In its analysis, the Court extensively discussed the Supreme Court of Canada’s decision in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 (Redwater). In reference to Redwater, the Court posed the following question:

    Filed under:
    Canada, Environment & Climate Change, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP
    Authors:
    Lisa Hiebert , Jessica Cameron
    Location:
    Canada
    Firm:
    Borden Ladner Gervais LLP

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