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Insolvency
European Union
Elias Neocleous & Co LLC
With the adoption of Directive (EU) 2019/1023 on preventive restructuring frameworks, discharge of debt and disqualifications and measures to increase efficiency (Preventive Restructuring Frameworks Directive)...
William Fry
On 26 May 2021 Norwegian Air Shuttle ASA (NAS) and related companies (Norwegian Air) exited examinership in Ireland. Through the restructuring Norwegian Air...
Jersey
Ogier
It is important that trustees understand their obligations if their trust structure comes under financial stress. Helpfully, the Jersey courts have provided guidance on the principles applicable to...
Luxembourg
Loyens & Loeff
The most likely way to have an English scheme of arrangement recognised in Luxembourg would be by applying to the Luxembourg courts for an exequatur recognition procedure.
Loyens & Loeff
Pursuant to the Insolvency Regulation COMI is one of the central unified and autonomous concepts of the insolvent debtor, i.e. it is an insolvency concept and not a corporate law or tax concept.
Monaco
CMS Pasquier Ciulla Marquet Pastor Svara & Gazo
It should be noted that it is irrelevant that the time-limits for appeal have not expired or that review procedures are still open.
CMS Pasquier Ciulla Marquet Pastor Svara & Gazo
Il sera ainsi abordé successivement les éléments constitutifs du délit (1), les sanctions applicables (2) et enfin la prescription de l'action publique (3).
Turkey
Egemenoglu Law Firm
Technical bankruptcy, as it is known in practice, is described as ‘loss of capital and/or excess of liabilities over assets' of companies.
Egemenoglu Law Firm
Borca batık olma durumu, şirketin aktiflerinin borçlarını karşılayamaması halidir.
UK
Travlaw
Indeed, a client may well spend a considerable amount more pursuing the debt than they are even likely to recover.
Knights
With fears that insolvencies are set to rise this year once Government support is withdrawn and businesses must ‘stand on their own two feet', it is important to understand what options...
PDT Solicitors
It's not often we reflect on cases we lost. However, a recent case on personal guarantees has reminded us of the risks that financiers face when a Court is asked to decide between the evidence ...
Moon Beever
Manolete Partners Plc v Hayward And Barrett Holdings Ltd & Ors [2021] EWHC 1481 (Ch) represents something of a procedural set back for insolvency litigation.
PDT Solicitors
The Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (the "Regulations") come into force on the 4 May 2021...
Moon Beever
The trustees' case was that they were shams, and it is in his review of the authorities on this point that the interest in ICC Judge Mullen's judgment lies.
Quadrant Chambers
This is the first of a regular insolvency insights bulletin from the insolvency specialists at Quadrant Chambers.
Moon Beever
The temporary modifications to the new moratorium procedure, relaxing the qualifications for entry, are extended until 30 September 2021.
Morrison & Foerster LLP
In dismissing Darty Holdings SAS' ("Darty") appeal in a recent decision[1], Miles J. has confirmed that an English court will look at the actual relationship between the parties involved...
Stevens & Bolton
After a somewhat leisurely start, case law regarding the new restructuring plan in Part 26A of the Companies Act 2006 now seems to be picking up pace.
Moon Beever
In A v B (2021) Ch D (an ex tempore unreported judgment details of which can be found at [2021] 3 WLUK 312) Deputy ICC Judge Baister, at a preliminary hearing of a winding up petition...
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