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    Disarming the Italian Torpedo: EU judgments regulation gets a face-lift
    2015-02-03

    Creditors frustrated by cost and time delays in cross border disputes, as well as from unscrupulous delaying tactics by debtors, will have some comfort in the form of the revised EU Judgments Regulation. The revised Regulation came into force on 10 January 2015 and aims to resolve cross-border legal disputes more easily, bringing huge cost savings to creditors.

    Filed under:
    European Union, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Exclusive jurisdiction
    Authors:
    Helen Kavanagh , Devinder Singh
    Location:
    European Union
    Firm:
    Squire Patton Boggs
    SCOTUS to decide whether order denying plan confirmation is “final,” appealable
    2014-12-15

    The Supreme Court granted cert last Friday in the case of Bullard v.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Squire Patton Boggs, SCOTUS
    Authors:
    Larisa Vaysman
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Retention of Title (ROT) agreements as a creditor protection against insolvent German customers
    2014-11-06

    Foreign suppliers are often not familiar with the legal framework applying in an insolvency of their German customers. That lack of familiarity may leave them ill-prepared to deal with distressed customers. In many cases, the foreign suppliers have not taken the measures necessary to protect themselves.

    I plan to provide readers throughout the following months, with information that suppliers may find helpful to better protect their position in case of an insolvency of their German customer. Questions and comments are welcome!

    Filed under:
    Germany, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Andreas Lehmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    Announcement 72: cross-border restructure – rules for special tax treatment
    2014-02-10

    Key Points

    • Announcement 72 to elaborate on how the cross-border equity transfer can qualify for the special tax treatment
    • Clarifies the rules to ensure no tax-avoidance purpose would be involved in the restructure as well as sets forth the rule on relevant filing procedures

    Background

    Filed under:
    China, Insolvency & Restructuring, Tax, Squire Patton Boggs, Income tax
    Location:
    China
    Firm:
    Squire Patton Boggs
    EAT case clarifies when administrators can rely on ETO defence
    2013-07-31

    Summary

    Filed under:
    United Kingdom, Employment & Labor, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Hot topics in pensions
    2012-07-13
    1. Transfers  

    From April 2012 it has been possible to make transfer payments from contracted-out to contracted-in pension plans. Many members have a statutory right to such a transfer (irrespective of contrary restrictions in pension plan rules). Legislation sets down a number of member safeguards that must be met. Any transfer is subject to a receiving scheme being willing to accept it. Trustees should be aware of the impact on administration and member communications.  

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Squire Patton Boggs, The Pensions Regulator
    Authors:
    Catherine McKenna
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Proposed reform of the Insolvency Code creates a favourable environment for turnaround investments in Germany
    2011-04-19

    Recently the German Federal Government introduced a reform of the German Insolvency Code by adopting a draft bill of an Act to Further Facilitate the Restructuring of Businesses (the “Bill”). The Bill primarily focuses on the facilitation of insolvency plans as a tool for restructurings and to eliminate certain obstacles of the German insolvency law. If enacted as proposed, the Bill would simplify the purchase of shares of an insolvent company and would give investors more influence and flexibility in in-solvency plan proceedings.

    INSOLVENCY PLANS

    Filed under:
    Germany, Insolvency & Restructuring, Squire Patton Boggs, Share (finance), Bankruptcy, Legal personality, Shareholder, Debtor, Debt, Bundestag, Trustee
    Location:
    Germany
    Firm:
    Squire Sanders Hammonds
    New restructuring/reorganization and transfer procedures for endangered Germany-based credit institutions
    2010-08-18

    On 13 July 2010 the Federal Ministry of Justice and Finance (Bundesministerien für Justiz und Finanzen) published a discussion draft of an Act for the Restructuring and Orderly Liquidation of Credit Institutions, for the Establishment of a Restructuring Fund for Credit Institutions and for the Extension of the Limitation Period of Corporate Law Management Liability (Restructuring Act) (Referentenentwurf eines Gesetzes zur Restrukturierung und geordneten Abwicklung von Kreditinstituten, zur Errichtung eines Restrukturierungsfonds für Kreditinstitute und zur Verlängerung der Verj

    Filed under:
    Germany, Banking, Insolvency & Restructuring, Squire Patton Boggs, Shareholder, Statute of limitations, Liability (financial accounting), Liquidation, Systemic risk, Endangered species, Federal Financial Supervisory Authority
    Authors:
    Dr Andreas Fillmann
    Location:
    Germany
    Firm:
    Squire Patton Boggs
    UK Insolvency Service consultation paper: improving the transparency of, and confidence in, pre-packaged sales in administrations
    2010-04-09

    On 31 March 2010, the UK Insolvency Service released a new consultation paper entitled "improving the transparency of, and confidence in, pre-packaged sales in administrations.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Squire Patton Boggs, Public consultations, Precondition, Packaging and labeling
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Squire Sanders represents affected dealers in Chrysler bankruptcy
    2009-10-14

    The US government’s foray into restructuring the ailing US automotive industry has been widely reported in the media and represents the most substantial federal intervention in the private business sector since the Great Depression. In Chrysler’s case, the government took the unprecedented step of orchestrating a “surgical” Chapter 11 bankruptcy filing with the primary goal of utilizing the provisions of Section 363 of the US Bankruptcy Code to sell substantially all of Chrysler’s assets to “New Chrysler” in less than 30 days.

    Filed under:
    USA, Insolvency & Restructuring, Squire Patton Boggs, Bankruptcy, Injunction, State attorney general, Business judgement rule, US Federal Government, US Congress, Chrysler
    Authors:
    Elliot M. Smith
    Location:
    USA
    Firm:
    Squire Patton Boggs

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