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    Decree Law No. 78 of 31 May 2010 as converted by Law No. 122 of 30 July 2010: additional changes to Italian bankruptcy law
    2011-02-28

    Italian bankruptcy law — Royal Decree No. 267 of 16 March 1942 — (the Bankruptcy Law) underwent a substantial reform between 2005 and 20091, mainly aimed at introducing (i) a more efficient regulation of the pre-bankruptcy agreement procedure (concordato preventivo)2 and (ii) new pre-bankruptcy schemes of arrangements, in the form of the out-of-court debt restructuring plan (piano attestato di risanamento)3 and the debt restructuring agreement (accordo di ristrutturazione dei debiti)4.

    Filed under:
    Italy, USA, Insolvency & Restructuring, Latham & Watkins LLP, Bankruptcy, Shareholder, Debtor, Debt, Debt restructuring, Bridge loan, Credit crunch
    Authors:
    Riccardo Agostinelli , Andrea Novarese , Maria Cristina Storchi , Paolo Donati
    Location:
    Italy, USA
    Firm:
    Latham & Watkins LLP
    The Italian Bankruptcy Law is becoming more investor friendly
    2010-09-16

    On July 30, 2010 the Italian Parliament passed Law 122/20101 which, among others, improved the restructuring proceedings governed by the Italian Bankruptcy Law2 (“IBL”).

    The improvements operate on two fronts of restructuring deals which had proven to be still unclear (and thus risky) despite the recent reform:

    Filed under:
    Italy, Insolvency & Restructuring, Orrick, Herrington & Sutcliffe LLP, Bankruptcy, Shareholder, Debtor, Unsecured debt, Mortgage loan, Negligence, Capital punishment, Bridge loan, United States bankruptcy court
    Authors:
    Daniela Andreatta
    Location:
    Italy
    Firm:
    Orrick, Herrington & Sutcliffe LLP
    Corporate reorganization of Takefuji corporation
    2010-10-04

    Court Acceptance of Petition for Corporate Reorganization

    Filed under:
    Japan, Insolvency & Restructuring, White & Case, Shareholder, Debtor, Unsecured debt, Debt, Liability (financial accounting), Balance sheet, Debtor in possession, Market value, Trustee
    Authors:
    Koichiro Ohashi
    Location:
    Japan
    Firm:
    White & Case
    Cell companies: the segregation of assets and liabilities
    2011-07-22

    Background

    The concept of cell companies was first introduced to Jersey in February 2006. In addition to the widely recognised structure of a protected cell company, Jersey also introduced a completely new concept - the incorporated cell company.  

    The key issue which differentiates both types of cell company from traditional (non-cellular) companies is that they provide a flexible corporate vehicle within which assets and liabilities can be ring-fenced, or segregated, so as only to be available to the creditors and shareholders of each particular cell.

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Bedell Cristin, Legal personality, Shareholder, Liability (financial accounting), Articles of association
    Authors:
    Martin Paul , Simon Morris
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Jersey corporate cross border insolvent reconstruction and moratorium procedures
    2010-02-25

    The liquidity crisis has increased the need for creative procedures to avoid sudden death bankruptcy in order to salvage existing value.

    A Jersey company or a company incorporated elsewhere but administered in Jersey may become involved in insolvency procedures under Jersey law or the law of a jurisdiction outside Jersey.

    Filed under:
    Jersey, Insolvency & Restructuring, Bedell Cristin, Bankruptcy, Shareholder, Debtor, Ex parte, Liquidation, Moratorium, Liquidator (law), UNCITRAL
    Authors:
    Anthony Dessain , Robert Gardner , Edward Drummond
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Scheme of arrangement/reduction of capital
    2010-04-21

    In the matter of a Representation by Computer Patent Annuities Holdings Limited and in the matter of Part 18A of the Companies (Jersey) Law 1991 [2010]JRC021

    Introduction

    This case, heard by the Royal Court in Jersey, involved the approval of a scheme of arrangement pursuant to Article 125 of the Companies (Jersey) Law 1991 (the "Companies Law"), together with the confirmation of a reduction of share capital.

    Background

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Litigation, Bedell Cristin, Shareholder, Waiver, Consideration, Good faith, Preferred stock, Coercion
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Jersey corporate cross border insolvent reconstruction and moratorium procedures
    2011-05-10

    The liquidity crisis has increased the need for creative procedures to avoid sudden death bankruptcy in order to salvage existing value.

    A Jersey company or a company incorporated elsewhere but administered in Jersey may become involved in insolvency procedures under Jersey law or the law of a jurisdiction outside Jersey.  

    Filed under:
    Jersey, Insolvency & Restructuring, Bedell Cristin, Bankruptcy, Shareholder, Debtor, Ex parte, Liquidation, Moratorium, Liquidator (law), UNCITRAL
    Authors:
    Anthony Dessain , Edward Drummond , Robert Gardner
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Cell companies: the segregation of assets and liabilities
    2009-11-25

    Background

    The concept of cell companies was first introduced to Jersey in February 2006. In addition to the widely recognised principle of the protected cell company ("PCC"), a new concept of incorporated cell company ("ICC"), the first of its kind, was also implemented.

    Filed under:
    Jersey, Company & Commercial, Insolvency & Restructuring, Private Client & Offshore Services, Bedell Cristin, Legal personality, Shareholder, Voluntary association, Liability (financial accounting), Articles of association
    Authors:
    Martin Paul
    Location:
    Jersey
    Firm:
    Bedell Cristin
    Corporate restructuring and employee benefit trusts
    2009-11-30

    In the current economic environment, there are a number of entities that are being restructured. Our current experience has been that such restructurings fall into two areas, namely a debt for equity swap or a release of “toxic” assets from a group structure in order to minimise exposure to this asset class.

    Debt for Equity Swap

    Filed under:
    Jersey, Employee Benefits & Pensions, Insolvency & Restructuring, Ogier, Share (finance), Shareholder, Debtor, Employee stock ownership plan, Dividends, Interest, Option (finance), Debt, Initial public offerings, Balance sheet, Preferred stock, Consolidation (business)
    Location:
    Jersey
    Firm:
    Ogier
    Jersey corporate cross border insolvent reconstruction and moratorium procedures
    2010-01-29

    The liquidity crisis has increased the need for creative procedures to avoid sudden death bankruptcy in order to salvage existing value.

    A Jersey company or a company incorporated elsewhere but administered in Jersey may become involved in insolvency procedures under Jersey law or the law of a jurisdiction outside Jersey.

    Filed under:
    Jersey, Insolvency & Restructuring, Bedell Cristin, Bankruptcy, Shareholder, Debtor, Ex parte, Liquidation, Moratorium, Liquidator (law), UNCITRAL
    Authors:
    Anthony Dessain , Robert Gardner , Edward Drummond
    Location:
    Jersey
    Firm:
    Bedell Cristin

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