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    Significantly wider scope of application of the Austrian Act on Financial Collateral
    2012-09-12

    The Austrian Act on Financial Collateral (Finanzsicherheiten-Gesetz; FinSG), which regulates the granting and enforcement of financial collateral arrangements between participants in the financial markets, has recently been amended with effect from 30 June 2011. Changes include the extension of the scope of application of the law.

    Filed under:
    Austria, Banking, Insolvency & Restructuring, Schoenherr, Collateral (finance), Clearing house (finance), Sole proprietorship
    Authors:
    Hemma Parsché , Christoph Moser
    Location:
    Austria
    Firm:
    Schoenherr
    Insolvency in Bulgaria: downsides creditors may encounter
    2011-02-21

    The general legal framework of existing Bulgarian insolvency law covers the core features recognised by the international insolvency community and takes account of EC Regula-tions and Directives. On the other hand, it does not always achieve the proper balance between the need to address the debtor’s financial difficulty as efficiently as possible and the interests of the creditors.

    This article highlights some inefficiencies of the existing Bulgarian insolvency regime compared with international best practices.

    Scope

    Filed under:
    Bulgaria, Insolvency & Restructuring, Schoenherr, Contractual term, Debtor, Unsecured debt, Collateral (finance), Debt, Negligence, Best practice, Sole proprietorship
    Authors:
    Anton Andreev
    Location:
    Bulgaria
    Firm:
    Schoenherr
    A useful weapon in a trustee’s arsenal
    2013-05-31

    On the occurrence of bankruptcy, the trustee must take immediate possession or control of the bankrupt’s property, as that property is now “available” to the trustee for the benefit of creditors generally and vests in the trustee for that purpose.  However, a bankrupt may not always co-operate with his or her trustee and will often refuse to deliver up property to the trustee or even allow the trustee on to the premises where the property is held.

    A relevant example

    Filed under:
    Australia, Insolvency & Restructuring, Bartier Perry, Bankruptcy, Sole proprietorship, Trustee
    Authors:
    Mark Tierney
    Location:
    Australia
    Firm:
    Bartier Perry
    Search warrants under the Bankruptcy Act
    2013-05-29

    On the occurrence of bankruptcy, the trustee must take immediate possession or control of the bankrupt’s property, as that property is now “available” to the trustee for the benefit of creditors generally and vests in the trustee for that purpose.  However, a bankrupt may not always co-operate with his or her trustee and will often refuse to deliver up property to the trustee or even allow the trustee on to the premises where the property is held.

    A relevant example

    Filed under:
    Australia, Insolvency & Restructuring, Bartier Perry, Bankruptcy, Sole proprietorship
    Authors:
    Mark Tierney
    Location:
    Australia
    Firm:
    Bartier Perry
    ЮРИДИЧЕСКИЕ АСПЕКТЫ ПРОЦЕССА БАНКРОТСТВА В РОССИИ
    2014-03-26

                Правовое регулирование процедур банкротства в России в настоящее время продолжает активно совершенствоваться. Об этом свидетельствует принятие в 2013 году девяти федеральных законов, которыми были внесены существенные изменения в ФЗ «О несостоятельности (банкротстве)» № 127-ФЗ, а также иные связанные с регламентацией банкротства нормативные акты, часть из которых вступит в силу в течение 2014 года.

    Filed under:
    Russia, Insolvency & Restructuring, Pepeliaev Group, Bankruptcy, Entrepreneurship, Sole proprietorship
    Authors:
    Yulia Litovtseva
    Location:
    Russia
    Firm:
    Pepeliaev Group
    Insolvency legislation faces its first real test
    2011-03-07

    The economic crisis presents a real-life test for the Slovenian insolvency legislation, unequalled in its young history. Numerous insolvency proceedings against Slovene companies have revealed several serious flaws of the Insolvency Act and forced the legislator into continuous amendments.

    Filed under:
    Slovenia, Insolvency & Restructuring, Schoenherr, Share (finance), Bankruptcy, Shareholder, Debtor, Interest, Debt, Credit risk, Entrepreneurship, Fourth Amendment, Default (finance), Sole proprietorship
    Authors:
    Jernej Jeraj , Matthias Wahl
    Location:
    Slovenia
    Firm:
    Schoenherr
    New deed tax policies favor certain enterprises in corporate reorganization and restructuring
    2009-03-04

    On December 29, 2008, the State Administration for Taxation (SAT) and the Ministry of Finance (MOF) jointly promulgated the Circular on Several Deed Tax Policies Concerning Enterprise Reorganization and Restructuring, (Cai Shui (2008) 175, Circular 175). Circular 175 took effect on January 1, 2009, and will be effective through December 31, 2011.  

    Filed under:
    China, Insolvency & Restructuring, Tax, Hogan Lovells, Limited liability company, Debt, Deed, State-owned enterprise, Subsidiary, Sole proprietorship, Parent company, Right to property
    Authors:
    Kitty Zhang , Roy Zou
    Location:
    China
    Firm:
    Hogan Lovells
    Recognising and enforcing a UK disclosure order
    2012-12-14

    Background
    Facts
    Decision
    Comment

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, NautaDutilh, Bankruptcy, Sole proprietorship, Insolvency Act 1986 (UK), Supreme Court of the Netherlands
    Authors:
    Oete Vonk
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Decision of the Financial Services and Markets Tribunal (FSMT) emphasises the importance of disclosing all relevant information to the FSA
    2008-09-16

    The FSMT has handed down its decision in the case of Asgar Ali Ravjani (trading as Astrad Finance) v Financial Services Authority, which involved the failure to disclose a discharged bankruptcy to the FSA.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Insurance, Litigation, Locke Lord LLP, Bankruptcy, Mortgage loan, Proportionality (law), Sole proprietorship, FSA
    Location:
    United Kingdom
    Firm:
    Locke Lord LLP
    The examination in aid of execution
    2007-11-18

    In order to get the information necessary to seize a debtor's assets or garnish his income, Rule 60.18 of the Rules of Court permit a creditor to require a debtor to attend an ex­amination under oath be­fore a court reporter and be questioned in relation to:

    (a) the reason for non-payment or non-performance of the judgment;

    (b) the debtor's income and property;

    (c) the debts owed to and by the debtor;

    (d) the disposal the debtor has made of any property either before or after the making of the order;

    Filed under:
    USA, Insolvency & Restructuring, Litigation, McMillan LLP, Debtor, Fraud, Debt, Contempt of court, Collection agency, Capital punishment, Sole proprietorship
    Location:
    USA
    Firm:
    McMillan LLP
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