Tag Archives: restructuring

First introduction of cramdown in Russian Bankruptcy

In addition to recent measures supporting the economy and preventing spread of COVID-19 a new law No. 166-FZ dated 8 June, 2020 “On amendments to certain legislative acts of the Russian Federation with a view to taking urgent measures aimed at ensuring sustainable economic development and preventing the consequences of the spread of a novel coronavirus infection” was adopted (hereinafter referred to as Law no. 166). Law No. 166 amended regulations provided by the Bankruptcy law1 with several novels.

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ILN Bankruptcy, Insolvency & Rehabilitation Proceedings Guide

The members of our Restructuring & Insolvency Group have finalized their 2020 edition of the Bankruptcy, Insolvency & Rehabilitation Proceedings Guide, which can be found here.

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ENFORCING A CCJ IN SCOTLAND

As you might expect, we are seeing an increase in debt recovery queries owing to the current circumstances. It’s worth noting that although the process isn’t operating as normal, CCJs can still be enforced, particularly if urgent.

If you, or your client, has obtained a County Court Judgement (CCJ) against a Scottish debtor we are able to assist you in registering that CCJ in Scotland to enable enforcement proceedings to commence.

Methods of enforcement include: earnings arrestment; winding-up/insolvency proceedings; attachment (seizure of certain goods); arrestment (of monies held in bank or with third parties); and inhibition (an order preventing sale of heritable property). Read the full blog here.

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Securing a foothold for a successful rebound from the economic effects of COVID-19

How well prepared are Ireland’s banks for COVID-19?

Going into the pandemic recession banks are assessing their position. Brian McEnery and Harry Fehily crunch the figures. Irish banks seem to be in a better position facing into the current pandemic crisis as compared to their position entering the 2008 Global Financial Crisis. A number of strategies and policies will assist the Irish banks to weather the storm and assist our economy.  [Going into the pandemic recession banks are assessing their position. Brian McEnery and Harry Fehily crunch the figures]Read here.

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Debt recovery: Landscape change in High Court summary judgment procedure

A recent Supreme Court decision focuses on lenders using the High Court summary summons procedure for debt recovery. Eadaoin Jackson looks at what this decision means for lenders going forward

In brief: In Bank of Ireland v O’Malley, the Supreme Court held that if a lender wishes to use the High Court summary summons procedure for debt recovery, it will be required to explain each of the component elements of the debt claimed.

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Insolvency of companies in Portugal

Insolvency of companies in Portugal – Liability of directors and managers article can be read here. 

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Corporate directors and officers and fiduciary duties in the COVID 19 world: Same duties, but much more to do

One thing that hasn’t changed since the COVID-19 crisis hit? Directors and officers of corporations still have the same fiduciary duties that they had before the pandemic. What COVID‑19 has changed is what constitutes due care, and the impact of this is likely to be broadened by an enlargement of the parties who should be considered as fiduciary duties are discharged.
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Corrections to the moratorium

At the beginning of the month Russian regulators implemented a draft law, which provides for the possibility of the Government of the Russian Federation by its act to introduce a moratorium on initiation of bankruptcy proceedings under natural and man-made emergencies, significant changes in the ruble exchange rate and similar exceptional circumstances (for more details see the update). The moratorium on bankruptcy has been in force in Russia since April 4, but now the Law on Bankruptcy is being corrected again. The need for amendments is due to the rushed adoption of the Law, as well as the reaction to criticism from the professional community The law providing for the amendment was signed by the President of the Russian Federation and comes into force on April 24. In particular, the new law establishes the following changes to the regime of the moratorium on bankruptcy.

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“Restore Liquidity” Decree: the entry into force of the New Code of business crisis and insolvency is postponed

“Restore Liquidity” Decree: the entry into force of the New Code of business crisis and insolvency is postponed
In the current macroeconomic emergency situation, the Italian Law Decree no. 23 of April 8,…

The Government’s decision is motivated by the fact that, giving birth to an instrument never tested before and studied to face, originally, only “ordinary” crises, could be, in this period of emergency, inappropriate.

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On Our Watch: Marketplace Lending in the Age of COVID-19

Marketplace lending took root in the shadow of the last financial crisis. Now, the question for consumers, businesses and marketplace lenders (MPLs) alike, is whether the conditions are right for it to thrive in the wake of the coronavirus and what may be the “deepest recession on record.”

No doubt, cash-strapped consumers and small businesses will want to turn to nonbank lenders, such as MPLs and other fintech companies, for funding. MPLs may even be able to provide those loans through the recently announced Paycheck Protection Program (PPP) of the “Coronavirus Aid, Relief and Economic Security Act” (CARES Act). But there are hurdles this time around in what is currently an economic, rather than financial, crisis. Investors already seem to recognize this, as publicly traded MPLs continue to trade at or near all-time lows. Read more…

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