On 25 January 2010, the United States Bankruptcy Court handed down its much anticipated decision in relation to an action brought in that court by two Lehman Brothers entities (the Lehman entities) against BNY Corporate Trustee Services Limited (BNY) (the US Decision).

Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.

Trends and regulatory climate

TrendsWhat is the current state of the lending market in your jurisdiction and have any new trends emerged over the last 12 months?Austria

Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.

Asset classes used as collateral for security

Use the Lexology Navigator tol to compare the answers in this article with those from other jurisdictions.

Enforcement

Use the Lexology Navigator tool to compare the answers in this article with those from other jurisdictions.

Structuring a lending transaction

The court-supervised reorganization of corporations introduced by Law 11101/05 (the Brazilian Reorganization and Bankruptcy Law - "LRF" in the Portuguese acronym) arose as one of the changes needed to lower credit risk and achieve greater reductions in interests accrued on financial loans. However, little has been said about the fact that the LRF has introduced several capital market protection mechanisms, which we will discuss in this article.

The 2014 collapse of the Corporate Commercial Bank (ranked 4th in the country) raised doubts  about  the  accuracy  of  the  overall  liquidity  ratio  (34.80%)  and  asset  value (approx. EUR 44.07 billion) of  the  banking  sector  in  Bulgaria,  not  least  because  assets had been evaluated according to  the  internal  rules  of  the  respective  credit  institutions.

Often, when the parties to a financing are discussing priorities or intercreditor arrangements, there tends to be a simplistic view taken of these agreements. Once the competing creditors have sorted out their respective priorities over the various pools or types of collateral, they tend to think that the terms of the agreement are essentially settled and simply need to be put into writing.

Bill C-15, including the proposed amendments to the Canada Deposit Insurance Corporation Act (CDIC Act) passed and received Royal Assent on June 22.

Proposed amendments to the Canada Deposit Insurance Corporation Act(CDIC Act) introduced in Bill C-15 enhance the resolution powers of CDIC and are intended to make Canada a Protocol-Eligible Regime under the ISDA 2015 Universal Stay Protocol.