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    Insolvent tenants: examining the options
    2011-03-09

    The continuing harsh economic conditions see more and more businesses going into examinership. Examinership has serious implications for landlords.

    Filed under:
    Ireland, Insolvency & Restructuring, Real Estate, LK Shields, Market capitalisation, Surety, Unsecured debt, Dividends, Landlord, Leasehold estate, Covenant (law), Debt, Right to property
    Authors:
    Jill Callanan
    Location:
    Ireland
    Firm:
    LK Shields
    Significant Irish bank stabilisation law passed
    2010-12-22

    The Irish President has signed the Credit Institutions (Stabilisation) Act 2010 (the Act) into lrish law. The Act grants far reaching and unprecedented powers to the Irish Minister for Finance to facilitate the restructuring and stabilisation of the troubled Irish banking sector.

    Filed under:
    Ireland, Banking, Insolvency & Restructuring, A&L Goodbody, Shareholder, Surety, Stock exchange, Liability (financial accounting), Holding company, Articles of association, Fonds monétaire international, Minister for Finance (Ireland), Supreme Court of Ireland
    Location:
    Ireland
    Firm:
    A&L Goodbody
    Guarantees in the context of examinerships
    2009-05-06

    The Companies (Amendment) Act 1990 (the 1990 Act) provides the statutory framework for petitioning the High Court for the appointment of an examiner to a company and providing the company concerned with a certain level of protection from its creditors. In practice, a significant issue which often arises is the enforceability of the provisions of a guarantee in the context of an examinership. The purpose of this article is briefly to look at the enforceability of a guarantee both during the period of protection and once it ends.  

    DURING THE EXAMINERSHIP

    Filed under:
    Ireland, Insolvency & Restructuring, LK Shields, Surety, Debt, Liability (financial accounting), Capital punishment, Write-off
    Authors:
    Marco Hickey
    Location:
    Ireland
    Firm:
    LK Shields
    Non-possessory pledge and Patto Marciano
    2016-07-11

    Conversion law of “Decreto Sofferenze” (D.L. 59/2016) 

    On 3 July, 2016, Law Decree no. 59 of 3 May 2016 was converted into Law no. 119 of 30 June 2016, through various amendments.

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, CMS Italy, Surety
    Authors:
    Paolo Bonolis , Gianfabio Florio
    Location:
    Italy
    Firm:
    CMS Italy
    A bank guarantee enforced pending a request pursuant to Art. 169-bis of the Italian bankruptcy law is a “pending contract” ?
    2015-12-09

    The Tribunal of Milan with a decree of 17 September 2015 ruled that the enforcement of a bank guarantee, pending therequest by the debtor to authorize the stay or termination of the same in a concordato preventivo procedure, bars thedecision by the Tribunal

    The case

    Filed under:
    Italy, Banking, Insolvency & Restructuring, Litigation, Nctm Studio Legale, Surety
    Authors:
    Fabio Marelli
    Location:
    Italy
    Firm:
    Nctm Studio Legale
    When is a company split a fraudulent act?
    2012-12-21

    Introduction
    Facts
    Facts
    Decision
    Comment



    Introduction

    Filed under:
    Japan, Insolvency & Restructuring, Litigation, Jones Day, Surety, Debtor, Fraud, Liability (financial accounting)
    Authors:
    Rika Sato
    Location:
    Japan
    Firm:
    Jones Day
    The International Comparative Legal Guide to: Corporate Recovery and Insolvency 2012 Chapter 29
    2012-06-14

    In general, creditors in Montenegro may secure their claims by various types of security over debtors’ assets, such as pledge (zaloga), mortgage (hipoteka), suretyship (jemstvo), bills of exchange (menica), etc.

    Filed under:
    Montenegro, Banking, Company & Commercial, Insolvency & Restructuring, Schoenherr, Surety, Debtor
    Location:
    Montenegro
    Firm:
    Moravčević Vojnović and Partners in cooperation with Schoenherr
    Dutch Supreme Court confirms enforceability of security surplus arrangements (overwaarde-arrangementen)
    2015-12-01

    In a ruling dated 16 October 2015, the Dutch Supreme Court has confirmed the enforceability of security surplus arrangements in the event a security provider is declared bankrupt. In addition, the Dutch Supreme Court has confirmed that, unlike statutory recourse claims (regresrechten), contractual recourse claims can be construed in such a manner that they come into existence (as conditional claims) before payment by the guarantor of the debt owed by the debtor, after which they become unconditional.

    Filed under:
    Netherlands, Banking, Insolvency & Restructuring, Litigation, Stibbe, Surety, Debtor, Supreme Court of the Netherlands
    Authors:
    Robert Steeg
    Location:
    Netherlands
    Firm:
    Stibbe
    Supreme Court judgment on termination of lease agreements in the event of bankruptcy (Aukema Q.Q./Uni-Invest)
    2011-07-29

    1.      Introduction

    Filed under:
    Netherlands, Insolvency & Restructuring, Litigation, Real Estate, NautaDutilh, Bankruptcy, Surety, Employment contract, Debt, Liquidation, Severance package, Supreme Court of the United States
    Location:
    Netherlands
    Firm:
    NautaDutilh
    Newsletter - Restructuring - July 2014 - Supreme Court ruling of March 3, 2014, no.º 77/2014: Effects on the guarantee of the amendment of the secured obligation not authorized by the guarantor
    2014-07-21

    The extension of the term for the delivery of works not authorized by the guarantor that had secured  the penalty for delay does not  harm it and, therefore, the guarantee is not  extinguished;  any increase in the  penalty agreed does not extinguish the guarantee,  but  cannot be enforceable on the guarantor that will be liable in the terms agreed in the initial  agreement. This decision discussed the effects  on the guarantee of  the novation of the  secured  obligation agreed without the guarantor’s knowledge.

    Filed under:
    Spain, Insolvency & Restructuring, Litigation, Cuatrecasas, Surety
    Location:
    Spain
    Firm:
    Cuatrecasas

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