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    Bad faith filing no obstacle for hotel reorganization
    2013-08-19

    The Bottom Line

    Filed under:
    USA, Texas, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Bankruptcy, Injunction, Foreclosure, Bad faith, United States bankruptcy court, Fifth Circuit
    Authors:
    Alice J. Byowitz
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    What matters: A review of 2011 and 2012
    2013-04-01

    As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the law firm business model have been both highly publicized and memorably demonstrated.

    Filed under:
    USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Employee Benefits & Pensions, Environment & Climate Change, Immigration, Insolvency & Restructuring, Intellectual Property, Litigation, Media & Entertainment, Private Client & Offshore Services, Real Estate, Securitization & Structured Finance, Tax, Kramer Levin Naftalis & Frankel LLP
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Who’s SARE-y now? No “whole business enterprise” exception to single asset real estate provisions of Bankruptcy Code
    2012-06-25

    The Bottom Line:

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Real Estate, Kramer Levin Naftalis & Frankel LLP, Debtor, Bank of America
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    UK Corporate Insolvency and Governance Act 2020: some temporary measures extended to 30 June 2021
    2021-03-24

    On 26 June 2020 the UK Corporate Insolvency and Governance Act 2020 (the Act) came into force. The Act marked the most significant insolvency reforms in a generation – introducing new permanent restructuring tools (such as the restructuring plan and the moratorium). It also introduced two temporary measures (see our blog post here) specifically dealing with the impact of COVID-19 on companies:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Freshfields Bruckhaus Deringer LLP, Coronavirus, Commercial tenant
    Authors:
    Katharina Crinson , Lindsay Hingston
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Commercial leases in the COVID-19 pandemic
    2021-03-15

    The COVID-19 pandemic in Germany is significantly affecting commercial landlords and tenants. The German legislator has taken various measures to mitigate the consequences of officially ordered business closures during lockdown and other pandemic-related adverse effects. 

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Real Estate, Tax, Freshfields Bruckhaus Deringer LLP, Private equity, Coronavirus, Commercial tenant, Federal Court of Justice
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Proposed changes in German law (status 26 March 2020)
    2020-03-26

    The German parliament has adopted new legislation yesterday which is expected to become law soon. This briefing summarises the changes made, as well as a number of other legal aspects we find noteworthy in current times with regard to the real estate sector.

    On 25 March 2020, the German Parliament (Bundestag) passed, in connection with the COVID-19 pandemic, significant changes in law (the “New Law”). These changes are subject to approval by the Federal Council (Bundesrat), which, however, is expected to be granted soon.

    Filed under:
    Germany, Construction, Insolvency & Restructuring, Real Estate, Freshfields Bruckhaus Deringer LLP, Landlord, Force majeure, Coronavirus, European Commission, Committee on Foreign Investment in the United States, EFTA
    Authors:
    Johannes Conradi , Timo Elsner , Julia Haas
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Rent as administration expense on a pay as you go basis – common sense restored
    2014-02-25

    Snapshot

    The Court of Appeal’s judgment in Jervis v Pillar Denton Limited (Game Station) [2014] EWCA Civ 180 on 24 February 2014 has brought welcome clarity to when rent qualifies as an administration expense.

    The Court of Appeal has ruled that:

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Freshfields Bruckhaus Deringer LLP, Unsecured creditor
    Authors:
    Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Law of Property Act receivership
    2011-06-02

    In this client briefing we explain the law and process of appointment of Law of Property Act receivers. (June 2011)

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Freshfields Bruckhaus Deringer LLP
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Spring cleaning the commercial landlord/tenant relationship: winding-up restrictions, the Commercial Rent (Coronavirus) Act 2022 and CVAs
    2022-03-30

    Pandemic related restrictions on winding up companies come to an end.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Freshfields Bruckhaus Deringer LLP, Coronavirus, Commercial tenant
    Authors:
    Katharina Crinson , Roger Schofield
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Restructuring leasehold estates - New Look provides a new lease of life for CVAs
    2021-06-16

    There has been much debate in recent years around the use made of certain UK restructuring tools – the company voluntary arrangement and, more recently, the new restructuring plan – to restructure commercial property leases. Commercial tenants argue that compromise is necessary to address high fixed costs that are no longer sustainable, but landlords have often been critical of the approach taken. This debate has become more acute in the context of the pandemic, as many High Street businesses subject to mandatory closure have built up significant rent arrears that need to be addressed.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Real Estate, Freshfields Bruckhaus Deringer LLP, Coronavirus, Commercial tenant
    Authors:
    Katharina Crinson , Lindsay Hingston , Will Snowden , Ken Baird
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP

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