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    Draft law on bankruptcy – a more practical bankruptcy regime for Vietnam?
    2013-11-22

    On 8 October 2013, the Supreme Court of Vietnam released the most recent draft of the new Law on Bankruptcy ("Draft Bankruptcy Law"). The Draft Bankruptcy Law is now open for comments and, once passed by the National Assembly, will replace the current Law on Bankruptcy 2004 ("Current Bankruptcy Law").

    The Draft Bankruptcy Law appears generally to be a positive step in Vietnam's efforts to improve the efficiency of the bankruptcy process and efforts to enhance the credibility of the legal framework for restructuring.

    Conduct of Bankruptcy Proceedings

    Filed under:
    USA, Vietnam, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Shareholder, Liquidation
    Authors:
    David Harrison
    Location:
    USA, Vietnam
    Firm:
    Mayer Brown
    Relaxation of the requirement to file for insolvency extended permanently
    2012-11-21

    The German Parliament has, in response to the ongoing crisis in the financial markets, extended a legislation, which originally came into force on October 18, 2008, amending, inter alia, parts of the German Insolvency Code. These amendments, which had in certain cases lead to a relaxation of the obligation to file for insolvency, will now be valid without limitation in time. It can be expected that it will be published and come into force already this year.

    Obligation to File for Insolvency

    Filed under:
    Germany, Insolvency & Restructuring, Mayer Brown, Legal personality, Market liquidity, Liability (financial accounting)
    Authors:
    Dr. Marco Wilhelm , Dr. Nicolas Rößler, LL.M.
    Location:
    Germany
    Firm:
    Mayer Brown
    Lehman bankruptcy court holds that pre-petition collateral transfers and guaranties to clearing bank are safe harbored
    2012-04-26

    On April 19, 2012, the Lehman bankruptcy court handed down its decision on the long-pending motion to dismiss filed by JPMorgan Chase Bank, N.A., in response to Lehman Brothers Holdings Inc.’s $8.6 billion avoidance action against it. The action sought to recover the value of collateral taken by JP Morgan in its role as principal clearing bank to Lehman in the run-up to the Lehman insolvency.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown, Clearing (finance), Collateral (finance), JPMorgan Chase, Lehman Brothers, United States bankruptcy court
    Authors:
    Howard S. Beltzer , Joshua Cohn , Mark G. Hanchet , Christopher J. Houpt , Brian Trust
    Location:
    USA
    Firm:
    Mayer Brown
    anti-deprivation: a question of substance not form
    2011-07-29

    In the much anticipated decision of Belmont Park Investments PTY Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc [2011] UKSC 38 the Supreme Court has unanimously dismissed the appeal of Lehman Brothers Special Financing Inc (“LBSF”) and in so doing provided clarification as to the scope and application of the anti-deprivation rule (the “Rule”).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Collateral (finance), Interest, Swap (finance), Consideration, International Swaps and Derivatives Association, Lehman Brothers, Court of Appeal of England & Wales, UK Supreme Court
    Authors:
    Devi Shah , Ashley Katz , Kristy Zander , Alexandra Wood , Jennifer Fox
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Dodd-Frank: Title II Orderly Liquidation Authority
    2011-01-31

    On 18 January 2011, the Federal Deposit Insurance Corporation (“FDIC”) issued an interim final rule (the “Rule”) with request for comments regarding certain provisions of Title II of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd- Frank Act”). Title II creates the Orderly Liquidation Authority (“OLA”), which is a mechanism under which “covered financial companies” can be liquidated in a uniform fashion rather than under inconsistent insolvency regimes.

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Mayer Brown, Consumer protection, Unsecured debt, Liquidation, Depository institution, Subsidiary, Parent company, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA), Federal Deposit Insurance Corporation (USA)
    Authors:
    David W. Alberts
    Location:
    USA
    Firm:
    Mayer Brown
    The Thai perspective— effect of bankruptcy on arbitration
    2010-07-20

    Thailand introduced reforms to its bankruptcy laws in 1998 in the aftermath of the 1997 Asian financial crisis. Those reforms introduced business reorganisation provisions similar to the Chapter 11 provisions of the US Bankruptcy Code. Further amendments have been made to the Thai bankruptcy laws, which are now governed by the Bankruptcy Act BE 2483 (1940) as amended by the Bankruptcy Act (No. 7) BE 2547 (2004).

    Filed under:
    Thailand, Arbitration & ADR, Insolvency & Restructuring, Mayer Brown, Bankruptcy, Debtor, Arbitration clause, Statute of limitations, Debt, Liquidation, Balance sheet, Constitutional amendment, Title 11 of the US Code, United States bankruptcy court
    Authors:
    James Rix
    Location:
    Thailand
    Firm:
    Mayer Brown
    Viability of guaranty “savings clauses” questioned by Florida bankruptcy court decision
    2009-12-02

    To promote equal treatment of creditors, the US Congress has armed debtors with the power to bring suit to recover a variety of pre-bankruptcy transfers. Prominent among these is a debtor’s ability under Section 548 of the Bankruptcy Code to recover constructively fraudulent transfers — i.e., transfers made without fair consideration when a debtor is insolvent.

    Filed under:
    USA, Florida, Insolvency & Restructuring, Litigation, Mayer Brown, Bankruptcy, Surety, Debtor, Collateral (finance), Fraud, Interest, Credit risk, Joint venture, Holding company, Subsidiary, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Brian Trust , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    What We’re Reading This Week [April 25, 2022]
    2022-04-25

    The Wall Street Journal reports that Russia has taken another step closer to defaulting on its sovereign debts after an industry watchdog overseeing the credit-default swaps market ruled Wednesday that Russia failed to meet its obligations to foreign bondholders when it paid them in rubles earlier this month.

    Filed under:
    Russia, USA, Insolvency & Restructuring, Mayer Brown, Bankruptcy
    Authors:
    Kyle J. Tum Suden , Sean T. Scott , Aaron Gavant
    Location:
    Russia, USA
    Firm:
    Mayer Brown
    Stay and Direct Appeal Requests Denied in Purdue Pharma; District Court Commits to Shielding Case from Equitable Mootness Concerns
    2021-10-25

    Partially walking back her prior pronouncements suggesting that she would rule to the contrary (which we previously wrote about here), on October 13, 2021, District Court Judge Colleen McMahon denied the U.S. Trustee’s request for an emergency stay pending appeal of the Purdue Pharma confirmation order.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Samuel R. Rabuck , Aaron Gavant , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    UK Government Consultation on amendments to the insolvency arrangements for insurers
    2021-07-01

    The UK Government has published a Consultation1 which sets out its proposals for targeted (but significant) amendments to certain aspects of the existing UK insolvency arrangements for insurers.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Insurance, Mayer Brown
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown

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