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    Electronic signing in finance transactions
    2020-04-20

    1.Why use an electronic signature?

    2.What is e-signing?

    3.Is e-signing valid?

    4.What types of document can be signed electronically?

    5. Are there any restrictions/protocols relating to electronic signatures?

    6. What is the position with overseas entities?

    7. E-signing with a secure platform

    8. E-signing without a secure platform

    1. Why use an electronic signature?

    Filed under:
    United Kingdom, England & Wales, Banking, Company & Commercial, Insolvency & Restructuring, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Coronavirus
    Authors:
    Marianne Mudd
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Landlords given permission to appeal Court's decision in Debenhams CVA challenge
    2020-03-06

    Last September we reported on the Court’s decision on the landlords’ challenge to the Debenhams CVA on grounds of unfair prejudice and material irregularity, in respect of which the landlords have now successfully obtained permission to appeal on various grounds (see below).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Landlord
    Authors:
    Julie Gattegno
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Rent deposit deed: The order of priority of payments in an administration
    2019-12-18

    Judge Barber has considered the order of priority of payments in an administration and - more specifically - whether the Lundy Granite principle applies to both the rent payable once a company has gone into administration, and to the “top up” obligation requiring the company to replenish a rent deposit, where a landlord had drawn down on the deposit against unpaid rent (Re London Bridge Entertainment Partners LLP (in administration) [2019] EWHC 2932 (CH)).

    The Rules

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP, Landlord
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    High Court rejects landlord challenge to Debenhams’ CVA
    2019-09-23

    Following an expedited trial, the High Court has rejected an application brought by a group of landlords known as the Combined Property Control Group (“CPC”) to challenge the company voluntary arrangement (“CVA”) proposed by Debenhams Retail Limited (“Debenhams”).

    CPC challenged the CVA on five grounds. The judge in the case, Mr Justice Norris, held that four of the five grounds failed and directed certain “Forfeiture Restraint Provisions” be removed from the CVA as a result of the fifth.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, CMS Cameron McKenna Nabarro Olswang LLP
    Authors:
    Julian Turner
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Insolvency Rules - Applications and After Acquired Property
    2017-04-05

    Applications

    Rule 12 sets out rules relating to applications, (excluding administration applications, winding up petitions and creditors' bankruptcy petitions) including:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Ashfords LLP
    Authors:
    Katie Farmer
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Insolvency Rules - Disclaimer
    2017-04-03

    Disclaimer - Rules 19.1 - 19.11

    The Rules relating to Disclaimer remain largely unchanged, except for bankruptcy and liquidation being included in the same section and some minor updates to the Act. The deadlines for all actions remain unchanged.

    19.8 - Application for permission to disclaim in bankruptcy (section 315(4))

    The notes in this section refer to changes within the Act as amended by the Deregulation Act 2015 and the Enterprise and Regulatory Reform Act 2013.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Real Estate, Ashfords LLP
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Euroresource - deals and debt - November 2014
    2014-11-24

    For the benefit of our clients and friends investing in European distressed opportunities, our European Network is sharing some current developments

    Recent Developments

    Filed under:
    Argentina, France, Italy, Netherlands, Banking, Company & Commercial, Insolvency & Restructuring, Real Estate, Jones Day, Debt
    Authors:
    Corinne Ball , Veerle Roovers
    Location:
    Argentina, France, Italy, Netherlands
    Firm:
    Jones Day
    Coslow v. Reisz (In re Coslow)
    2017-08-03

    (Bankr. W.D. Ky. July 28, 2017)

    Filed under:
    USA, Kentucky, Banking, Insolvency & Restructuring, Litigation, Real Estate, Stoll Keenon Ogden PLLC, Mortgage loan, United States bankruptcy court
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Halifax Financial Group L.P. v. Hazel (In re Hazel)
    2017-03-06

    (S.D. Ind. Feb. 27, 2017)

    The district court dismisses the appeal because the bankruptcy court’s order was not final and appealable. The creditor had filed an emergency motion for stay relief to proceed with acquiring title to the debtor’s real property through Indiana’s tax sale and tax deed procedures. The bankruptcy court denied the motion without prejudice. The district court holds that the bankruptcy court’s order was not final, in part because it was without prejudice and appeared to be a preliminary decision. Opinion below.

    Judge: Young

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Real Estate, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC
    Hovious v. Bridgewater Homeowners Association, Inc. (In re Hovious)
    2017-02-20

    (Bankr. S.D. Ind. Feb. 15, 2017)

    Filed under:
    USA, Indiana, Insolvency & Restructuring, Litigation, Real Estate, Stoll Keenon Ogden PLLC
    Authors:
    Matt Lindblom
    Location:
    USA
    Firm:
    Stoll Keenon Ogden PLLC

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