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    Bankruptcy Court in the Southern District of New York confirms: low threshold for foreign debtors to use chapter 11
    2011-10-27

    On Friday 21 October 2011, the Bankruptcy Court in the Southern District of New York handed down an important decision, confirming that foreign (groups of) companies can use Chapter 11 without any significant threshold as to their nexus with the United States. This may be good news for corporates that seek to use Chapter 11 for restructuring their business or capital structure.

    It is now clear that even very limited property in the U.S. is sufficient to qualify for a reorganisation through Chapter 11.

    Filed under:
    European Union, Netherlands, USA, New York, Insolvency & Restructuring, Litigation, De Brauw Blackstone Westbroek, Debtor, Collateral (finance), Limited liability company, Mortgage loan, Contempt of court, Exclusive jurisdiction, The Royal Bank of Scotland, US Code, Title 11 of the US Code, United States bankruptcy court
    Authors:
    Ruud Hermans , Berto Winters , Rob van den Sigtenhorst
    Location:
    European Union, Netherlands, USA
    Firm:
    De Brauw Blackstone Westbroek
    Government welcomes approval of RBS restructuring
    2009-12-21

    HM Treasury has issued a press release stating that the Government welcomes the European Commission's approval of the restructuring of the Royal Bank of Scotland and State Aid approval for the Asset Protection Scheme.

    View Government welcomes approval of RBS restructuring, 14 December 2009  

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Norton Rose Fulbright, Subsidy, European Commission, HM Treasury (UK), The Royal Bank of Scotland
    Authors:
    Jonathan Herbst , Peter Snowdon , Charles Evans , Dorian Drew
    Location:
    European Union, United Kingdom
    Firm:
    Norton Rose Fulbright
    Lloyds and RBS complete negotiations with HM Treasury on restructurings
    2009-11-03

    Today, HM Treasury announced the conclusion of discussions with Lloyds Banking Group (Lloyds) and Royal Bank of Scotland Plc (RBS), regarding their participation in the U.K.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Alston & Bird LLP, Share (finance), Shareholder, Option (finance), Due diligence, Balance sheet, Public limited company, Capital requirement, Tier 1 capital, HM Treasury (UK), The Royal Bank of Scotland, Lloyds Bank
    Authors:
    Darren Cooper
    Location:
    United Kingdom
    Firm:
    Alston & Bird LLP
    Marme Inversiones 2007 S.L. v The Royal Bank of Scotland et al [2016] EWHC 1570 (Comm)
    2016-07-08

    The UK Commercial Court has dismissed the Claimant's application for a stay under Article 28 of the Judgments Regulation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ashfords LLP, Commercial property, Interest, Swap (finance), Liquidation, Cashflow, Default (finance), Exclusive jurisdiction, Stay of execution, The Royal Bank of Scotland, High Court of Justice (England & Wales)
    Authors:
    Emma Clayton
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Protected Trust Deeds and PPI: Part Three
    2017-02-20

    The question of who is entitled to payment of compensation for PPI where a debtor has been discharged from his/her Protected Trust Deed (PTD) had given rise to conflicting judicial decisions in Scotland. In our previous article, we highlighted the uncertainty created following the decision of Sheriff Reid in the case ofDonnelly v The Royal Bank of Scotland (Donnelly) and the decision of Lord Jones in Dooneen Limited, t/a Mcginnes Associates and Douglas Davidson v David Mond (Dooneen).

    Filed under:
    United Kingdom, Scotland, Banking, Insolvency & Restructuring, Litigation, Shepherd and Wedderburn LLP, The Royal Bank of Scotland
    Location:
    United Kingdom
    Firm:
    Shepherd and Wedderburn LLP
    New Compensation Scheme for RBS Global Restructuring Group Customers
    2016-12-05

    RBS announced last month that SME customers will automatically be entitled to a refund of the fees that they were charged whilst being managed by the Bank’s Global Restructuring Group (GRG) between 2008 and 2013 following a review by the FCA.

    This offer follows on from the payments RBS has made in recent years for the mis-selling of PPI and interest rate swap products which has resulted in £1.8 billion of redress costs.

    This article examines possible consequences for SMEs that were in GRG during the relevant period which now are, or have been, in an insolvency procedure.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Keystone Law, The Royal Bank of Scotland
    Authors:
    Stephen Young
    Location:
    United Kingdom
    Firm:
    Keystone Law
    Corporate Claims Bulletin - November 2016 - Practice and Procedure
    2016-11-15

    Dixon v Radley House Partnership (A Firm) [2016] EWHC 2511 (TCC)

    The claimant (D) brought negligence proceedings against the defendant (R) a firm of architects, for refurbishment works.

    In the draft claim form, D had referred to a loss of £35,894.00 allegedly caused by negligent misrepresentation on the part of R, who had been instructed on 27 October 2007.

    The draft claim form and the fee were prepared up to a value of £50,000.00 and were received by the court on 25 October 2013, less than six years after the cause of action arose.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Professional Negligence, Eversheds Sutherland (International) LLP, The Royal Bank of Scotland
    Authors:
    Paul Coppin
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Can a third party funder remain anonymous?
    2016-11-02

    High Court considers “test case” of Wall v Royal Bank of Scotland [2016] EWHC 2460 (Comm)

    The claims

    The Claimant, Mr Wall (W), brought claims against the Defendant, Royal Bank of Scotland Group (RBS), in relation to RBS’s dealings with a now insolvent group of companies owned and controlled by W. W brought the claims in his capacity as assignee of the group’s rights and/or as beneficiary of a trust as declared by the group’s liquidators.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Legal Practice, Litigation, Kingsley Napley, Costs in English law, Information privacy, Liquidator (law), The Royal Bank of Scotland, European Convention on Human Rights, Article 8 ECHR, High Court of Justice (England & Wales)
    Authors:
    Fiona Simpson , Katie Allard
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Broader economic woes may have played a part in the court’s decision to dismiss allegations of lender overreaching
    2010-09-13

    American Consolidated Transportation Companies, Inc v RBS Citizens NA (In re American Consolidated Transportation Companies, Inc), Adversary No 10-00154, Bankruptcy No 09-26062 (Bankr ND Ill July 13, 2010)

    CASE SNAPSHOT

    Filed under:
    USA, Illinois, Banking, Insolvency & Restructuring, Litigation, Reed Smith LLP, Bankruptcy, Letter of credit, Credit (finance), Debtor, Interest, Swap (finance), Liquidation, Good faith, Cashflow, Default (finance), Secured loan, The Royal Bank of Scotland, United States bankruptcy court
    Authors:
    Brian M. Schenker
    Location:
    USA
    Firm:
    Reed Smith LLP
    Marme Inversiones 2007 S.L. v The Royal Bank of Scotland et al [2016] EWHC 1570 (Comm)
    2016-07-08

    The UK Commercial Court has dismissed the Claimant's application for a stay under Article 28 of the Judgments Regulation.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ashfords LLP, Commercial property, Interest, Swap (finance), Liquidation, Cashflow, Default (finance), Exclusive jurisdiction, Stay of execution, The Royal Bank of Scotland, High Court of Justice
    Authors:
    Emma Clayton
    Location:
    United Kingdom
    Firm:
    Ashfords LLP

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