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    What matters: A review of 2011 and 2012
    2013-04-01

    As you know, the last two years have seen a somewhat improved, but by no means robust, business climate. At the same time, structural shifts in the law firm business model have been both highly publicized and memorably demonstrated.

    Filed under:
    USA, Banking, Capital Markets, Competition & Antitrust, Corporate Finance/M&A, Employee Benefits & Pensions, Environment & Climate Change, Immigration, Insolvency & Restructuring, Intellectual Property, Litigation, Media & Entertainment, Private Client & Offshore Services, Real Estate, Securitization & Structured Finance, Tax, Kramer Levin Naftalis & Frankel LLP
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    In Decision With Important Tax and Bankruptcy Implications, Supreme Court Rejects Application of So-Called 'Bob Richards Rule'
    2020-03-11

    In its recent decision in Rodriguez v. Federal Deposit Insurance Corp., No. 18–1269 (Sup. Ct. Feb. 25, 2020), the Supreme Court held that federal courts may not apply the federal common law “Bob Richards Rule” to determine who owns a tax refund when a parent holding company files a tax return but a subsidiary generated the losses giving rise to the refund. Instead, the court should look to applicable state law.

    General Legal Background

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Tax, Kramer Levin Naftalis & Frankel LLP, Federal Deposit Insurance Corporation (USA), SCOTUS
    Authors:
    Barry Herzog , David E. Blabey, Jr , Nancy M. Bello
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Flow-through Tax Status as a Property Right? The Case of Schroeder Brothers Farms
    2020-01-13

    The Bottom Line

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Tax, Kramer Levin Naftalis & Frankel LLP, Title 11 of the US Code, United States bankruptcy court
    Location:
    USA
    Firm:
    Kramer Levin Naftalis & Frankel LLP
    Houst - Restructuring Plans march onwards: green light for cram across, is cram up next on the restructuring plan journey?
    2022-07-26

    On 22 July 2022 and after the judge ordered a delay for more evidence, the English court sanctioned the restructuring plan proposed by Houst Limited (Houst). Houst is an SME that is concerned with the provision of property management services for short-term/holiday lets. Its business was badly affected by the Covid-19 pandemic, meaning it was both cash flow and balance sheet insolvent when proposing the plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Freshfields Bruckhaus Deringer LLP, Coronavirus, Financial Conduct Authority (UK), HM Revenue and Customs (UK)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    The UK’s latest company insolvency statistics: a cloud on the horizon?
    2021-11-01

    The UK's latest quarterly company insolvency statistics, published on 29 October, suggest that the unexpectedly calm seas seen over the last 18 months (and maintained by unprecedented government economic support) may be starting to give way to stormier waters as corporate insolvencies begin to return to pre-pandemic levels.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Freshfields Bruckhaus Deringer LLP, Supply chain, HM Revenue and Customs (UK)
    Authors:
    Richard Tett
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Commercial leases in the COVID-19 pandemic
    2021-03-15

    The COVID-19 pandemic in Germany is significantly affecting commercial landlords and tenants. The German legislator has taken various measures to mitigate the consequences of officially ordered business closures during lockdown and other pandemic-related adverse effects. 

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Real Estate, Tax, Freshfields Bruckhaus Deringer LLP, Private equity, Coronavirus, Commercial tenant, Federal Court of Justice
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    The taper begins, seat belts fastened and no tantrums please!
    2021-03-04

    For most businesses, the Chancellor’s budget statement yesterday brings some welcome news with the extension of certain critical Covid-19 support measures. However, this is coupled with the removal of certain government-backed loan schemes and a future increase in the corporation tax rate from 19 per cent to 25 per cent from 2023 onwards.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Tax, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Authors:
    Richard Tett , Lindsay Hingston , Kevin Connolly , Nicholas Cooper
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    The UK's 2020 company insolvency statistics: the calm before the storm?
    2021-02-01

    The UK's latest quarterly company insolvency statistics, including the 2020 annual summary, were published on 29 January, painting a picture of the effectiveness of government measures introduced over the past year to support companies during the COVID-19 pandemic.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Tax, Freshfields Bruckhaus Deringer LLP, Coronavirus, HM Revenue and Customs (UK)
    Authors:
    Nicholas Cooper
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Bundesfinanzhof verwirft Sanierungserlass
    2017-02-08

    Welche Folgen hat die Entscheidung für abgeschlossene Verfahren? Was bedeutet sie für die Zukunft?

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Tax, Freshfields Bruckhaus Deringer LLP
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Taxpayer in financial distress and insolvencies: Spanish tax points
    2009-09-10

    This briefing discusses certain Spanish tax points regarding financially distressed and insolvent corporate taxpayers, (secondary) tax liabilities and preferential rights in relation to tax claims.

    Filed under:
    Spain, Insolvency & Restructuring, Tax, Freshfields Bruckhaus Deringer LLP, Liability (financial accounting)
    Location:
    Spain
    Firm:
    Freshfields Bruckhaus Deringer LLP

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