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    Don’t forget the guarantor!
    2014-02-03

    In the recent decision of Topland Portfolio No.1 Limited v Smiths News Trading Limited [2014] EWCA Civ 18, the Court of Appeal has given a timely reminder of the need for landlords to tread carefully when dealing with leases to ensure that a tenant guarantee remains effective.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Surety
    Authors:
    Patrick Walker
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Spanish banks must refund homebuyers’ deposits on unfinished developments
    2016-06-29

    A ruling by the Supreme Court in Spain says Spanish banks that held deposits for property that was never built are to be held to account. Around 100,000 people in the UK are thought to have paid big sums towards such properties in Spain but these were lost when several developers went bust in the wake of 2008’s financial crisis. Estimates for how much British buyers could claim are around £4bn.

    Filed under:
    Spain, United Kingdom, Banking, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Joint and several liability, SCOTUS
    Authors:
    Cristina Fernandez , Ramón Castilla
    Location:
    Spain, United Kingdom
    Firm:
    Squire Patton Boggs
    The reform of the Bankruptcy Act in the real-estate sector
    2011-11-30

    The current economic recession has been particularly acute in one of the pillars of the national economy, the construction and real-estate sector. This sector, which had already been undergoing a slowdown in recent years following the so-called “real-estate boom”, now stands in a profound and particular crisis with sales coming to a standstill, caused not only by the overall market situation, but mainly due to the restrictions placed by banks on loans, which are putting an economic brake on entrepreneurs.  

    Filed under:
    Spain, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Bankruptcy, Debtor
    Authors:
    Ramón Castilla
    Location:
    Spain
    Firm:
    Squire Patton Boggs
    The minefield of surrenders and assignments
    2016-04-12

    The minefield of surrenders and assignments

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Landlord, Leasehold estate
    Authors:
    Gemma Whale
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Landlords rejoice as court overturns “unfair” CVA
    2010-08-04

    The past eighteen months have seen a marked increase in the use of the Company Voluntary Arrangement (“CVA”) by retailers to reduce their lease liabilities and win the release of onerous parent company guarantees, with several high street names going through the process. Although this practice received cautious support from landlords, real concern continues to be voiced over the practice of “guarantee stripping”.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Costs in English law, Retail, Landlord, Leasehold estate, Brand, Public limited company, Valuation (finance), Parent company, High Court of Justice
    Authors:
    Susan Kelly , John Alderton , Cathryn Williams , Daniel French
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Move over Mary Portas, CVAs are the real saviour of the High Street
    2016-03-30

    The BHS CVA is now in effect following a successful ‘yes’ vote on 23 March 2016 when 95% of creditors voted in favour of the proposals.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Squire Patton Boggs
    Authors:
    Jennifer Moore
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    UK administrator expenses - administrator's liability for rent
    2010-04-09

    The recent English court decision in Goldacre (Offices) Limited v Nortel Networks UK Limited (in administration) [2009] EWCH 3389 (Ch) may be controversial and raises thorny practical issues, especially in relation to the restructurings of retail businesses.   

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Retail
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Behind Sabine’s Curtain Lies Negotiation
    2016-03-11

    This is the first of several posts on gathering agreements in bankruptcy, covenants running with the land and rejection claims that arise when a debtor finds gathering agreements financially burdensome. As our readers know, we waited with much anticipation for theSabine ruling and wait with equal anticipation for the ruling on similar issues in QuickSilver.  Being pragmatic business lawyers we decided to blog on what parties to gathering agreements should be doing now in light of the non-binding, advisory Sabine ruling.

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Bankruptcy, Debtor
    Authors:
    Michael D. Cuda , Karol K. Denniston
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Where does rent rank now in administration?
    2010-03-24

    In the event of a tenant becoming insolvent, it is clearly important for a landlord to know where rent payable ranks in administration. A recent landmark decision handed down by the High Court strengthens the position of landlords by deciding that rent can now be more widely payable as an expense of the administrator.

    Background

    Simply, if rent is ranked as an expense of the administration1 then it is almost always discharged in full as a mandatory expense of the administrator, rather than being placed with lower priority creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Squire Patton Boggs, Landlord, Leasehold estate, Vacated judgment, Liability (financial accounting), Liquidation, High Court of Justice
    Authors:
    Patrick Walker , Sally Lodge
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Digging for Help Part 2: Additional Key Issues in Metals Exploration Bankruptcies
    2016-02-29

    Last week, we discussed the complexities of metals exploration chapter 11 bankruptcy cases and addressed several of the notable issues that arise in those cases. The discussion of significant issues continues below.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Real Estate, Squire Patton Boggs, Bankruptcy, Debtor, Right of first refusal
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs

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