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    Bankruptcy no barrier to disclosure of trust information
    2017-03-20

    The Supreme Court has recently dismissed an appeal against a Court of Appeal decision on the disclosure of trust documents to discretionary beneficiaries.

    Filed under:
    New Zealand, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Buddle Findlay, Bankruptcy, Vesting
    Authors:
    Susan Rowe , Scott Abel , Bridie McKinnon , Myles O'Brien , David Perry , Willie Palmer , Matthew Triggs , Jan Etwell , Kelly Paterson , Peter Niven , David Broadmore , Scott Barker
    Location:
    New Zealand, USA
    Firm:
    Buddle Findlay
    The financial crisis and a new round of deaccessioning debates
    2013-09-13

    When public institutions are suffering from financial deficits, one question is usually raised: can they sell art to survive? In the museum world it is generally understood that you are to deaccession art only if the work is duplicative of another work in the collection, or for similar collections-related reasons, and the sale proceeds are used exclusively for collections activities. Therefore, for example, you cannot seek to sell art to obtain sufficient liquidity to meet any financial obligation, or make debt service payments.

    Filed under:
    Spain, USA, Insolvency & Restructuring, Public, Sheppard Mullin Richter & Hampton LLP
    Location:
    Spain, USA
    Firm:
    Sheppard Mullin Richter & Hampton LLP
    EuroResource--deals and debt
    2012-11-08

    Global—On 26 October 2012, the U.S. Court of Appeals for the Second Circuit, in a ruling that may impact sovereign debt restructurings, upheld a lower court order enjoining Argentina from making payments on restructured defaulted debt without making comparable payments to bondholders who did not participate in the restructuring.

    Filed under:
    Spain, United Kingdom, USA, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Injunction, Security (finance), Debt, Default (finance), Second Circuit
    Authors:
    Corinne Ball
    Location:
    Spain, United Kingdom, USA
    Firm:
    Jones Day
    Saab bankruptcy – what does it mean for US dealers?
    2011-12-28

    As many of you know, on December 19, 2011, Saab Automobile AB and affiliated companies filed for bankruptcy in Sweden. The company issued a bulletin to its dealers that same day, announcing that it immediately suspended processing and payment of all claims, and it is suspending warranty coverage on all new Saab vehicles. What does this mean for dealers? Every dealer’s situation is different, and each dealer will have to evaluate its own circumstances based on consultation with an attorney.

    Filed under:
    Sweden, USA, Insolvency & Restructuring, ArentFox Schiff, Bankruptcy, Warranty, General Motors
    Authors:
    Aaron H. Jacoby , Christian J. Scali
    Location:
    Sweden, USA
    Firm:
    ArentFox Schiff
    Legal qualification of cryptocurrencies under Swiss insolvency law
    2019-11-01

    Introduction

    Switzerland is home to one of the world's largest cryptocurrency ecosystems, the so-called 'Crypto Valley' in the city of Zug. However, with cryptocurrencies growing in popularity, problems are inevitable.

    Filed under:
    Switzerland, USA, Banking, Insolvency & Restructuring, Pestalozzi Attorneys at Law, Money laundering, Cryptocurrency, Initial coin offering, Swiss Financial Market Supervisory Authority
    Authors:
    Beat Mumenthaler
    Location:
    Switzerland, USA
    Firm:
    Pestalozzi Attorneys at Law
    Enforcement
    2019-02-07

    Swiss Civil Procedure Law in a Nutshell (Volume 11 of 12)

    This blog series provides litigators and corporate counsel from other jurisdictions with a practical understanding of the mechanics, advantages, and limits of litigation before State Courts in Switzerland.

    Enforcement of Money Claims

    Money claims are enforced by virtue of the Debt Enforcement and Bankruptcy Law. The creditor may either initiate enforcement by virtue of an ex parte freezing order (attachment) or else by a normal summons to pay.

    Filed under:
    Switzerland, USA, Insolvency & Restructuring, Litigation, VISCHER AG, Bankruptcy, Enforcement of foreign judgments
    Authors:
    Dr. Thomas Weibel
    Location:
    Switzerland, USA
    Firm:
    VISCHER AG
    SDNY issues an anti-suit injunction to protect judgment creditor’s right to continue to enforce a $1 billion Swiss arbitration award confirmed by the SDNY
    2013-06-24

    This decision is the latest development in the bitterly disputed enforcement case of a $932 million Swiss arbitration award confirmed by the United States District Court for the Southern District of New York in favor of a Dutch judgment creditor, Sonera Holding B.V. (“Sonera”), against a Turkish judgment debtor, Cukurova Holding A. (“Cukurova”).

    Filed under:
    Switzerland, USA, New York, Arbitration & ADR, Insolvency & Restructuring, Litigation, Wilk Auslander LLP, Injunction, Preliminary injunction, Arbitration award, Anti-suit injunction, Second Circuit, US District Court for the Southern District of New York
    Authors:
    Jay S. Auslander , Natalie Shkolnik
    Location:
    Switzerland, USA
    Firm:
    Wilk Auslander LLP
    Points of Comparison of Formal Restructuring Processes in US, UK and Turkey
    2019-11-11

    1. Nature of process 

    Chapter 11 used to effect operational restructuring, deleverage balance sheet, and/or commence asset sale of the business as a going concern

    Insolvency Act process primarily used to effect a pre-packaged sale of the business or assets effected by administrators (i.e. external qualified appointees).

    Filed under:
    Turkey, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Baker McKenzie
    Location:
    Turkey, United Kingdom, USA
    Firm:
    Esin Attorney Partnership
    Financial distress and board of directors' liabilities
    2019-03-22

    Introduction

    Filed under:
    Turkey, USA, Company & Commercial, Insolvency & Restructuring, Selvi Attorney Partnership
    Location:
    Turkey, USA
    Firm:
    Selvi Attorney Partnership
    Director liability & financially distressed companies in Turkey: Turkish regime far more stringent than corresponding rules in the US and UK
    2014-02-20

    American and British directors of corporations should be mindful of the different standards of conduct, obligations, and potential personal liability when holding directorships in Turkish companies, particularly if such companies’ financial situation is deteriorating.

    Filed under:
    Turkey, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Locke Lord LLP, Bankruptcy, Shareholder, Business judgement rule
    Authors:
    Arzum Gunalcin , John D. Hughes , John O. Faurescu
    Location:
    Turkey, United Kingdom, USA
    Firm:
    Locke Lord LLP

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