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    Euro crisis: how does it impact your business?
    2011-10-25

    Introduction

    The eurozone crisis and the fallout taking place in Greece are keeping Europe on edge. An increasing number of analysts anticipate a new recession. Perhaps you, too, are wondering how the situation will affect your business, especially your international contracts. Below is a short outline of potential issues that we think are relevant. We have approached these issues from the perspective of doing business, or planning to do business, with foreign parties that run a higher than average risk of being "hit" by the current economic situation.

    Potential issues

    Filed under:
    European Union, Corporate Finance/M&A, Insolvency & Restructuring, De Brauw Blackstone Westbroek, Credit (finance), Surety, Debtor, Security (finance), Debt, Due diligence, Default (finance), Euribor, Payment protection insurance, Title retention clause
    Authors:
    Daan Beenders , Koos de Blécourt , Anja Mutsaers , Bart van Reeken
    Location:
    European Union
    Firm:
    De Brauw Blackstone Westbroek
    Lehman derivatives transaction did not run afoul of fraudulent conveyance rules, says UKSC
    2011-09-29

    In 2002 a European subsidiary of Lehman Brothers created a complicated synthetic debt structure called Dante, which was intended to provide credit insurance for another subsidiary, LBSF, against credit events affecting certain reference entities, the obligations of which formed the reference portfolio. A special purpose vehicle issued notes to investors, the proceeds of which were used to purchase collateral which vested in a trust. The issuer entered into a swap with LBSF under which LBSF received the income on the collateral and paid the issuer the amount of interest due to noteholders.

    Filed under:
    United Kingdom, Banking, Derivatives, Insolvency & Restructuring, Litigation, Borden Ladner Gervais LLP, Collateral (finance), Interest, Swap (finance), Debt, Good faith, Common law, Default (finance), Subsidiary, Payment protection insurance, Lehman Brothers, Trustee, UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Borden Ladner Gervais LLP
    When trade finance meets insolvency
    2011-03-04

    There has been an upturn in the frequency of trade finance workouts, restructurings and formal insolvencies. Susan Moore and Luci Mitchell-Fry look at some key issues that banks face when trade finance lending passes to "bad bank".

    The bank's decisions at every stage of a trade finance transaction are critical: at origination; when following a workout/restructuring; and once a formal insolvency process becomes a reality.

    Origination

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Credit risk, Liquidation, Payment protection insurance
    Authors:
    Susan Moore , Luci Mitchell-Fry
    Location:
    United Kingdom
    Firm:
    Dentons
    Insolvency Service's policy on a bankrupt's principal residence
    2011-01-27

    The Insolvency Service has published its policy, which came into effect on 1 December 2010, on realising a bankrupt's principal residence where the Official Receiver (OR) is appointed as the trustee in bankruptcy.

    The policy provides that the OR will not take any steps to market the bankrupt's interest in the property for a period of two years and three months from the date of the bankruptcy order. However, the OR can accept any unsolicited offer in relation to the property if it is in the best interest of creditors. After the expiry of the two years and three months:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Breach of contract, Interest, Payment protection insurance, Trustee
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG
    When trade finance meets insolvency
    2010-06-09

    There has been an upturn in the frequency of trade finance workouts, restructurings and formal insolvencies. Drew Sainsbury looks at some key issues that banks face when trade finance lending passes to “bad bank”.

    The bank’s decisions at every stage of a trade finance transaction are critical: at origination; when following a workout/restructuring; and once a formal insolvency process becomes a reality.

    Origination

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Credit risk, Liquidation, Payment protection insurance
    Location:
    United Kingdom
    Firm:
    Dentons
    Protected Trust Deeds and PPI Compensation - Opposing judgments create uncertainty in Scotland
    2016-07-15

    It is estimated that there were almost 40,000 Protected Trust Deeds (“PTD”) entered into between 2005 and 2010. Similar to an IVA, a PTD is a voluntary arrangement in which the debtor conveys his estate to an insolvency practitioner (“the Trustee”) to be held on trust for the benefit of creditors. A large number of those who enter into a PTD do so because of borrowing that they have incurred on credit cards.

    Filed under:
    United Kingdom, Scotland, Banking, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, Payment protection insurance
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    Discharged debtor keeps PPI fund in Dooneen v Mond
    2018-11-01

    On 31 October the Supreme Court handed down the judgment in the case of Dooneen Limited t/a McGuiness Associates v David Mond.

    The judgment confirmed that a trustee is not entitled to property discovered after a trust deed has been terminated and the trustee discharged and therefore provides some much needed clarity for banks, debtors and trustees who face this situation.

    The facts

    Filed under:
    United Kingdom, Scotland, Banking, Insolvency & Restructuring, Litigation, TLT LLP, Debtor, Payment protection insurance, Trustee
    Authors:
    Alan Munro
    Location:
    United Kingdom
    Firm:
    TLT LLP
    Supreme Court rules on Trust Deed appeal
    2018-11-06

    On 31 October 2018 the Supreme Court issued its Judgment in the appeal of Dooneen Ltd (t/a McGinness Associates) and another (Respondents) v Mond (Appellant) (Scotland) [2018] UKSC 54.

    The appeal had been brought by Mr Mond who had sought to overturn the decision of the Inner House of the Court of Session (Dooneen Ltd & Others V Mond [2016] CSIH 59).

    Factual background

    Filed under:
    United Kingdom, Scotland, Insolvency & Restructuring, Insurance, Litigation, Private Client & Offshore Services, Shoosmiths LLP, Payment protection insurance, UK Supreme Court, Court of Session
    Authors:
    Andrew Foyle , Peter McGladrigan
    Location:
    United Kingdom
    Firm:
    Shoosmiths LLP
    Dealing with financially distressed purchasers of goods
    2008-11-19

    Sellers should be proactive in taking steps to protect themselves from a distressed buyer’s non-payment.  

    In the current economic downturn, sellers are dealing with many formerly good customers whose financial health is deteriorating. To protect their interests, sellers should assess their rights under applicable contracts and law and develop a strategy to minimize their exposure.

    Step 1 – Assess the Parties’ Contractual Rights

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Insurance, McDermott Will & Emery, Contractual term, Bankruptcy, Credit (finance), Breach of contract, Waiver, Accounts receivable, Default (finance), Force majeure, Payment protection insurance, Uniform Commercial Code (USA)
    Location:
    USA
    Firm:
    McDermott Will & Emery
    Insolvency Service's policy on a bankrupt's principal residence
    2011-01-27

    The Insolvency Service has published its policy, which came into effect on 1 December 2010, on realising a bankrupt's principal residence where the Official Receiver (OR) is appointed as the trustee in bankruptcy.

    The policy provides that the OR will not take any steps to market the bankrupt's interest in the property for a period of two years and three months from the date of the bankruptcy order. However, the OR can accept any unsolicited offer in relation to the property if it is in the best interest of creditors. After the expiry of the two years and three months:

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Gowling WLG, Bankruptcy, Breach of contract, Interest, Payment protection insurance, Trustee
    Authors:
    Greg Standing , Ian Weatherall
    Location:
    United Kingdom
    Firm:
    Gowling WLG

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