Searching Content indexed under Insolvency/Bankruptcy/Re-structuring by Reed Smith (Worldwide) ordered by Published Date Descending.
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Collective Redundancies Following Insolvency – Back In The Spotlight
Following the insolvency of Monarch Airlines Limited (in administration) (Monarch), a large number of employees of Monarch were made redundant.
1 Oct 2019
Airline Insolvency Overhaul: A Summary Of The Final Report Of The Airline Insolvency Review
On 9 May 2019 the Airline Insolvency Review (the AIR), chaired by Peter Bucks, published its Final Report on passenger protections in the context of airline insolvencies, having been commissioned by...
27 May 2019
Clarity On Cross-Border Conundrum
It is well established that the type of recognition granted by the recognising court under the UNCITRAL Model Law will depend on whether the originating proceedings are ‘foreign main'
22 Apr 2019
Different Rights Require Different Classes – Schemes Of Arrangement
Mr Justice Hildyard, who continues to amass expertise on schemes of arrangements, recently ruled against convening a single meeting of creditors on a scheme of arrangement proposed by Stronghold Insurance Company Limited (Stronghold) (the Scheme).
10 Dec 2018
A Shift In Focus: Rescuing Viable Companies
This article will primarily look at the proposed changes focused on facilitating a rescue culture.
31 Oct 2018
Will Diplomatic Immunity Win – Game, Set And Match?
Former world number one and three-time Wimbledon champion Boris Becker, who was declared bankrupt by an order dated 21 June 2017, is claiming diplomatic immunity against ongoing bankruptcy...
11 Jul 2018
What Do House Of Fraser, Byron Burger, Carluccios, Mothercare, Prezzo And Carpetright Have In Common?
These are just a few of the big high street names which have sought to compromise their obligations to creditors in recent months via a company voluntary arrangement (CVA).
4 Jul 2018
Recovering Rent After A CVA
A company voluntary arrangement (CVA) is, provided the voting thresholds are met, a binding agreement made between a company and its creditors, designed to compromise a company's obligations to its creditors.
23 Mar 2018
Step Aside, Payday Loans: There's an Old Kid in Town
You could be forgiven for thinking that the Bills of Sale Acts of 1878 and 1882 would have been repealed by now, or could never apply to you, over 130 years after they were drafted.
29 Aug 2017
Recast Insolvency Regulation: 26 June 2017
The Recast Insolvency Regulation (Regulation 2015/848) will apply to all member states of the EU (with the exception of Denmark) in relation to insolvency proceedings opened on or after 26 June 2017.
European Union
28 Jun 2017
No Intention? No Notice!
In a judgment that will undoubtedly impact what has become fairly common practice when filing notices of intention to appoint an administrator ("NOITA"), the Court of Appeal has held in JCAM Commercial Real Estate Property XV Ltd v Davis Haulage Ltd that a company seeking to give notice of intention to appoint under paragraph 26 of Schedule B1 to the Insolvency Act 1986
8 May 2017
Can We Work It Out? : An Overview Of The Pre-Action Protocol For Debt Claims
After much consultation and debate, the Ministry of Justice has published the final version of the Pre-Action Protocol for Debt Claims (the Protocol), which is due to come into force on 1 October 2017.
6 Apr 2017
Insolvency Rules 2016: Decision Making
The Insolvency Rules 2016 (the 2016 Rules) have effect from 6 April 2016. A key change introduced by the 2016 Rules is a new approach to decision making, including a deemed consent procedure.
5 Apr 2017
Rights of Third Parties Put on Notice of Freezing Orders – A Clarification from the Court
In a decision this week, the English High Court has clarified the extent of a third party secured creditor's duties, when put on notice of a freezing order, and suggested a more limited duty than that previously articulated by the court.
29 Mar 2017
Disclaimers: Paper Shield Or Your Best Protection?
The UK Court of Appeal recently considered the liability of issuers to secondary market investors under the Misrepresentation Act 1967 (the "1967 Act") in the case of Taberna Europe CDO II Plc v Selskabet (formerly Roskilde Bank A/S) (In bankruptcy) [2016] EWCA Civ 1262.
28 Mar 2017
Take Special Care – Amendments To The Special Administration Regime
The consultation seeks feedback on proposed changes to the CASS rules affecting the return of client assets in light of the Regulations.
23 Mar 2017
Permission To Continue Proceedings During A Statutory Moratorium – South Coast Construction Ltd V Iverson Road Ltd [2017] EWHC 61
The recent case of South Coast Construction provides a helpful insight into the court's treatment of applications for permission to continue proceedings during the administration moratorium.
20 Mar 2017
What Is Half Of Nothing? Wrongful Trading Developments In The ‘Robin Hood' Case
Case law on wrongful trading has developed significantly over the past two years, with the cases of Ralls Builders and Brooks increasing judicial consideration of the conduct of directors...
1 Mar 2017
What Is Half Of Nothing? Wrongful Trading Developments In The ‘Robin Hood' Case
Case law on wrongful trading has developed significantly over the past two years, with the cases of Ralls Builders and Brooks increasing judicial consideration of the conduct of directors...
22 Feb 2017
New German Law On Close-Out Netting In The Event Of Insolvency
On 16 December 2016 an act amending the insolvency laws applicable to financial derivatives transactions passed the Bundesrat (the second chamber of the German legislature).
19 Dec 2016
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