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    Malaysia’s New Insolvency Regime
    2016-07-05

    Earlier this year, both the lower and upper houses of Malaysia’s parliament, passed the Companies Bill 2015 (“theBill”) which will harmonise Malaysia's insolvency laws and bring them more in line with modern international standards. Once the Bill comes into effect (it is currently awaiting Royal Assent), it will replace Malaysia’s existing Companies Act 1965.

    Filed under:
    Malaysia, Company & Commercial, Insolvency & Restructuring, Litigation, K&L Gates LLP, Shareholder, Landlord, Board of directors, Liquidation, Moratorium, Secured creditor, Debt restructuring
    Authors:
    Jason Opperman , Nick Williams
    Location:
    Malaysia
    Firm:
    K&L Gates LLP
    Asset transfers conditioned on transferor's bankruptcy: beware!
    2011-03-11

    Introduction

    The restructuring practice often calls for creative solutions, especially when the stakes are high and the debtor is in serious financial distress. Many restructuring lawyers have at times faced the question of whether it is possible for a debtor to transfer assets to a creditor subject to the condition precedent of the debtor being declared bankrupt.

    Filed under:
    Netherlands, Insolvency & Restructuring, NautaDutilh, Bankruptcy, Condition precedent, Retail, Debtor, Consideration, Fair market value, Secured creditor, Prejudice, Market value, Subsidiary, Unsecured creditor
    Location:
    Netherlands
    Firm:
    NautaDutilh
    The Netherlands remains a secured creditor-friendly jurisdiction
    2011-08-26

    Strong position of secured creditors
    Aims of preliminary bill for new Insolvency Act
    Final decision


    Strong position of secured creditors

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, NautaDutilh, Bankruptcy, Costs in English law, Credit (finance), Debtor, Unsecured debt, Fraud, Accounts receivable, Debt, Foreclosure, Liquidation, Secured creditor, Collusion, Title retention clause
    Authors:
    Teun Struycken
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Things to take into account as a secured creditor when dealing with a company in financial distress
    2009-05-20

    In cross border financing transactions, a secured creditor should be aware of Dutch law specifics when dealing with a Dutch obligor in financial distress. Below is a highlighted list of specifics for a secured creditor planning to foreclose on its security or when seeking to improve its security position.

    Improving security position

    Existing Dutch security documents typically provide for possibilities for improving the position of a secured creditor in case of an event of default.

    Getting a tighter grip on collateral

    Filed under:
    Netherlands, Insolvency & Restructuring, NautaDutilh, Share (finance), Bankruptcy, Legal personality, Shareholder, Debtor, Collateral (finance), Dividends, Accounts receivable, Board of directors, Debt, Foreclosure, Default (finance), Secured creditor, Articles of association, Annual general meeting, Internal Revenue Code (USA)
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Flexibility in cross-border reorganizations
    2009-10-02

    Introduction

    Filed under:
    Netherlands, Insolvency & Restructuring, NautaDutilh, Bankruptcy, Legal personality, Debtor, Collateral (finance), Debt, Liquidation, Holding company, Balance sheet, Secured creditor, Debt restructuring, Lehman Brothers
    Authors:
    Anne Marie Verschuur
    Location:
    Netherlands
    Firm:
    NautaDutilh
    EBERT Construction Receivership - What You Need To Know
    2018-08-23

    What is currently known?

    On 31 July 2018 Ebert Construction Ltd (Ebert) was placed into receivership. John Fisk, Lara Bennett, and Richard Longman from PwC have been appointed receivers. The receivership was announced the following day.

    Filed under:
    New Zealand, Insolvency & Restructuring, Litigation, Hesketh Henry, Secured creditor
    Authors:
    Nick Gillies , Glen Holm-Hansen
    Location:
    New Zealand
    Firm:
    Hesketh Henry
    Prejudicial transactions, director's duties and surrender of security
    2017-03-20

    The liquidators of Marathon Imaging Limited (Marathon) brought a claim against the company's director, Mr Greenhill, for a prejudicial disposition of property under section 346 of the Property Law Act 2007 and a breach of director's duties under the Companies Act 1993.  Marathon had begun defaulting on its tax commitments from 2008 onwards and became insolvent shortly after.  The Greenhill Family Trust (Trust), a secured creditor of Marathon, appointed receivers and the Commissioner of Inland Revenue had Marathon placed into liquidation just three days later.

    Filed under:
    New Zealand, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Unsecured debt, Liquidation, Secured creditor, Liquidator (law), Unsecured creditor
    Authors:
    Susan Rowe , Bridie McKinnon , Matthew Triggs , Myles O'Brien , Peter Niven , Kelly Paterson , Scott Abel , Jan Etwell , Scott Barker , David Broadmore , Willie Palmer , David Perry
    Location:
    New Zealand
    Firm:
    Buddle Findlay
    Mercantile Courts of Catalonia to follow “Celsa” rationale
    2013-11-08

    Proceedings from the Courts’ seminar on the homologation of refinancing agreements clarify some material uncertainties.

    Background

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Refinancing, Secured creditor
    Authors:
    Ignacio Pallarés , Javier López Antón , Fernando Colomina Nebreda
    Location:
    Spain
    Firm:
    Latham & Watkins LLP
    New regulatory developments for bankruptcy proceedings
    2013-03-15

    Customisation of court proceedings
    Pre-trial sanation
    Permission to join ongoing bankruptcy proceedings
    Secured creditors' claims

    Filed under:
    Ukraine, Insolvency & Restructuring, Asters, Bankruptcy, Debtor, Unsecured debt, Collateral (finance), Secured creditor
    Authors:
    Andriy Pozhidayev , Anna Tkachova
    Location:
    Ukraine
    Firm:
    Asters
    Crown preference and the prescribed part: A concern for secured creditors
    2020-03-16

    In last week's Government budget, the Chancellor of the Exchequer confirmed that Crown preference would return but that this would be delayed to 1 December 2020. We previously wrote about Crown preference in November 2018 when the Government first suggested its return. That post, which is available here, is a handy summary of what Crown preference is and its impact on secured creditors.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Macfarlanes LLP, Budget, Secured creditor, Unsecured creditor, HM Revenue and Customs (UK), Chancellor of the Exchequer
    Location:
    United Kingdom
    Firm:
    Macfarlanes LLP

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