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    Landlord’s hypothec
    2020-11-03

    Scottish landlords enjoy a preferential right of security known as “landlord’s hypothec” in respect of any unpaid rent arrears due in the event that their tenants enters administration or liquidation. The landlord's right of hypothec is unique to Scots Law and is not available to landlords in respect of properties south of the border. For reasons we will go on to discuss, the current legal framework on landlord’s hypothec is not particularly well developed and is widely criticised as being unsatisfactory.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, DLA Piper
    Authors:
    Sarah Letson , Tony Holloran
    Location:
    United Kingdom
    Firm:
    DLA Piper
    Monsoon’s Company Voluntary Arrangement and its Irish Landlords
    2020-11-03

    In a decision of McDonald J in RESAM Cork UC & Anor v Monsoon Accessorize Ltd & Anor, Apperley Investments Ltd & Ors v Monsoon Accessorize Ltd1, the High Court refused to recognise and enforce certain provisions of Monsoon Accessorize Limited’s ("Monsoon") Company Voluntary Arrangement implemented in the United Kingdom as they related to Irish leases on the basis that to do so would be manifestly contrary to the public policy of the State.

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Real Estate, ByrneWallace LLP
    Authors:
    John Fitzgerald
    Location:
    Ireland
    Firm:
    ByrneWallace LLP
    CEE legislation tracker: Austria
    2020-11-03

    Status as of 3/11 11:40 am CET               

    Table of content

    Filed under:
    Austria, Banking, Capital Markets, Corporate Finance/M&A, Employment & Labor, Healthcare & Life Sciences, Insolvency & Restructuring, Insurance, Public, Real Estate, Tax, Telecoms, Schoenherr, Force majeure, Personal data, Coronavirus, Personal protective equipment, European Securities and Markets Authority, GDPR
    Authors:
    Günther Leissler , Christoph Haid
    Location:
    Austria
    Firm:
    Schoenherr
    Delaware Deepens the Split on Whether Gathering Agreements May Be Rejected in Bankruptcy
    2020-10-29

    In the latest saga concerning “covenants running with the land” and the rejection of midstream gathering agreements under section 365 of the Bankruptcy Code (the Code), the Honorable Christopher Sontchi, Chief Judge of the Delaware Bankruptcy Court (the Court), issued three1 decisions holding that certain of Extraction Oil & Gas, Inc.’s (Extraction) gathering agreements with its midstream service providers did not create real property interests and, thus, that Extraction could reject such gathering agreements in its chapter 11 bankruptcy proceedings.

    Filed under:
    USA, Delaware, Insolvency & Restructuring, Litigation, Real Estate, Reed Smith LLP
    Authors:
    Ramy A. Morad , Omar J. Alaniz , Gary C. Johnson , Michael P. Cooley , Keith M. Aurzada
    Location:
    USA
    Firm:
    Reed Smith LLP
    Landlords be aware: option to interim termination for tenants under the Restructuring Act (WHOA)
    2020-10-28

    Introduction

    Filed under:
    Netherlands, Insolvency & Restructuring, Real Estate, Ploum, Coronavirus
    Authors:
    Lucas Lustermans , Joost Kool , Matthijs Bolkenstein
    Location:
    Netherlands
    Firm:
    Ploum
    The Best Laid Plans: How a Proposed Sale of NYC Real Estate Under Section 363 of the Bankruptcy Code Went Awry
    2020-10-26

    There are several ways in which property owners can advantageously use the Bankruptcy Code to effectuate strategic dispositions of assets. But the bankruptcy process can be fraught with uncertainty that can upend the best laid plans. The matter of In re Wansdown Properties Corp. N.V., No. 19-13223 (SMB), 2020 WL 5887542 (Bankr. S.D.N.Y. Oct. 5, 2020) provides an instructive and cautionary example.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Real Estate, Patterson Belknap Webb & Tyler LLP, Title 11 of the US Code
    Authors:
    Daniel A. Lowenthal
    Location:
    USA
    Firm:
    Patterson Belknap Webb & Tyler LLP
    A lack of engagement with landlords a key factor in High Court refusal to confirm examinership
    2020-10-21

    In a judgment delivered on 14 October 2020, Mr. Justice McDonald declined to confirm the appointment of an examiner to New Look Retailers (Ireland) Ltd (New Look).

    Facts

    Filed under:
    Ireland, Insolvency & Restructuring, Litigation, Real Estate, Beauchamps, Commercial tenant, High Court (Ireland)
    Authors:
    Barry Cahir
    Location:
    Ireland
    Firm:
    Beauchamps
    What happens to the tenant's lease once it has been dissolved?
    2020-10-22

    Due to the ongoing COVID pandemic and associated economic downturn, the number of companies facing the prospect of insolvency, or being struck off the Register of Companies, is increasing daily. Whilst the rules on striking off have been relaxed by Companies House where late delivery of accounts etc has been caused by COVID, these are only temporary measures. Indeed, the compulsory striking off process has recently resumed for companies that Companies House don’t consider are currently operating, so it may be that normal practice isn’t far away.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Brodies LLP, Coronavirus
    Authors:
    Eilidh Findlay
    Location:
    United Kingdom
    Firm:
    Brodies LLP
    Retirement villages and recreational facilities - Key legal considerations when developing the perfect ‘match’
    2020-10-20

    Australia’s ageing population has driven innovation in delivering housing solutions for retirees and elderly alike. As a nation of sports fanatics who also love nature and green open spaces, it is no surprise that there has been a steadily increasing trend to co-locate retirement living with recreational facilities such as golf courses, bowls clubs and other recreational clubs.

    HopgoodGanim has been fortunate enough to have acted for a number of retirement village operators (scheme operators) and clubs with respect to co-location projects in Queensland.

    Filed under:
    Australia, Insolvency & Restructuring, Planning, Real Estate, Tax, HopgoodGanim, Due diligence
    Authors:
    Ivan Orola
    Location:
    Australia
    Firm:
    HopgoodGanim
    Michigan’s Receivership Act: No Longer Just for Commercial Real Estate
    2020-10-20

    The Uniform Commercial Real Estate Receivership Act (“UCRERA”), adopted by Michigan in 2018, originally applied only to receiverships over commercial real estate. An amendment effective October 15, 2020, shortens the name of the Act to the “Receivership Act” and makes the Act applicable generally to commercial and industrial (“C&I”) loans that have no real estate collateral. This article summarizes some of the changes and the interplay between receivership and bankruptcy.

    Filed under:
    USA, Michigan, Banking, Insolvency & Restructuring, Litigation, Real Estate, Miller Canfield PLC
    Authors:
    Megan R. I. Baxter-Labut , Steven A. Roach
    Location:
    USA
    Firm:
    Miller Canfield PLC

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