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| 1 | Timeline of the Chapter 11 Plan Process A timeline showing the typical progression of the Chapter 11 plan process. | Checklists | Maintained |
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| 1 | Restructuring and insolvency in Jersey: overview A Q&A guide to restructuring and insolvency law in Jersey. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and Insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-May-2013 |
| 2 | Restructuring and insolvency in UK (England & Wales) ... A Q&A guide to restructuring and insolvency law in the UK (England and Wales). The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Apr-2013 |
| 3 | Czech insolvency proceedings This article provides general information regarding bankruptcy and restructuring proceedings under Czech law (focusing on corporate debtors and entrepreneurs only), including the description of the roles, rights and duties of particular stakeholders participating in both proceedings. This is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 4 | Debt-equity swaps in France: recent developments Debt-equity swaps are progressively being viewed in France as an efficient way of reducing the debt level of an excessively leveraged company. This chapter considers how debt-equity swaps can be used out of court, as well as how they can be used in insolvency proceedings. This is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 5 | Director's duties in financially distressed companies in ... Company directors are given a high level of responsibility for the consequences of a company's trading should it become insolvent whilst they are in office as directors. Failure to discharge this duty can lift the corporate veil and impose personal liability on the director. This article examines the: General duties of directors when solvent and approaching insolvency. Directors' duty to prevent insolvent trading. Basis for establishing a breach of duty to prevent insolvent trading, penalties for doing so and any available defences. | Articles | 01-Mar-2012 |
| 6 | Enforcing security interests in German real estate inside and ... With the recent marked increase in real estate portfolio investment in Germany, lenders increasingly need in-depth specialist advice on enforcement routes and are often unable to handle enforcements in-house. This chapter provides an overview of the alternative enforcement routes available and outlines some of the insolvency law considerations that may be of relevance where a property-owning borrower is not resident in Germany. This is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 7 | Insolvency law reform in Germany With the introduction of new regulations in the German Insolvency Code by the Act for the Facilitation of the Reorganisation of Companies (Gesetz zur Erleichterung der Sanierung von Unternehmen (ESUG)) on 1 March 2012 a new chapter has opened in the German insolvency regime, aimed at providing more attractive and effective means to reorganise and rescue insolvent, or nearly insolvent, companies. The improvement of the creditors' influence on the proceedings, together with the extension of the rights and measures that can be taken in the proceedings and by the debtor, has substantially changed the focus of the insolvency regime. German insolvency proceedings can now be seen as a serious competitor in the international restructuring arena. | Articles | 01-Mar-2012 |
| 8 | Order of creditor and contributory ranking on a debtor's ... This table is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 9 | Recent developments in Canada in determining the centre of ... This article examines the principles that the Canadian courts will apply to determine the centre of main interest (COMI) for a debtor with operations in more than one jurisdiction. The determination is an important one, since it will effectively decide whether the relief of a stay of proceedings granted under section 48 of the Companies' Creditors Arrangement Act is automatically available, or only given at the court's discretion. This is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 10 | Restructuring and insolvency in Argentina: overview A Q&A guide to restructuring and insolvency law in Argentina. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 11 | Restructuring and insolvency in Australia: overview A Q&A guide to restructuring and insolvency law in Australia. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 12 | Restructuring and insolvency in Bermuda: overview A Q&A guide to restructuring and insolvency law in Bermuda. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 13 | Restructuring and insolvency in Brazil: overview A Q&A guide to restructuring and insolvency law in Brazil. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 14 | Restructuring and insolvency in Canada: overview A Q&A guide to restructuring and insolvency law in Canada. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 15 | Restructuring and insolvency in Cayman Islands: overview A Q&A guide to restructuring and insolvency law in the Cayman Islands. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 16 | Restructuring and insolvency in China: overview A Q&A guide to restructuring and insolvency law in China. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 17 | Restructuring and insolvency in Cyprus: overview A Q&A guide to restructuring and insolvency law in Cyprus. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 18 | Restructuring and insolvency in France: overview A Q&A guide to restructuring and insolvency law in France. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 19 | Restructuring and insolvency in Germany: overview A Q&A guide to restructuring and insolvency law in Germany. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 20 | Restructuring and insolvency in Guernsey: overview A Q&A guide to restructuring and insolvency law in Guernsey. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 21 | Restructuring and insolvency in Hong Kong: overview A Q&A guide to restructuring and insolvency law in Hong Kong. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 22 | Restructuring and insolvency in India: overview A Q&A guide to restructuring and insolvency law in India. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 23 | Restructuring and insolvency in Italy: overview A Q&A guide to restructuring and insolvency law in Italy. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and Insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 24 | Restructuring and insolvency in Japan: overview A Q&A guide to restructuring and insolvency law in Japan. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 25 | Restructuring and insolvency in Luxembourg: overview A Q&A guide to restructuring and insolvency law in Luxembourg. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 26 | Restructuring and insolvency in Mexico: overview A Q&A guide to restructuring and insolvency law in Mexico. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 27 | Restructuring and insolvency in Norway: overview A Q&A guide to restructuring and insolvency law in Norway. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 28 | Restructuring and insolvency in Poland: overview A Q&A guide to restructuring and insolvency law in Poland. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 29 | Restructuring and insolvency in Russian Federation: overview A Q&A guide to restructuring and insolvency law in Russia. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 30 | Restructuring and insolvency in South Africa: overview A Q&A guide to restructuring and insolvency law in South Africa. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 31 | Restructuring and insolvency in South Korea: overview A Q&A guide to restructuring and insolvency law in South Korea. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructurehandbook. | Articles | 01-Mar-2012 |
| 32 | Restructuring and insolvency in Spain: overview A Q&A guide to restructuring and insolvency law in Spain. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 33 | Restructuring and insolvency in Sweden: overview A Q&A guide to restructuring and insolvency law in Sweden. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 34 | Restructuring and insolvency in Switzerland: overview A Q&A guide to restructuring and insolvency law in Switzerland. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 35 | Restructuring and insolvency in United States: overview A Q&A guide to restructuring and insolvency law in the United States. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. To compare answers across multiple jurisdictions, visit the Restructuring and insolvency Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 36 | SAAB: a long and protracted crisis This article briefly outlines the restructuring and insolvency procedures that Swedish car automotive business SAAB has been through since the 2008 downturn of the global economy. In particular it considers the company's first restructuring; the voluntary liquidation that SAAB was entered into; the company's second restructuring; and the bankruptcy process that SAAB is currently going through. This article is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 37 | Slovak insolvency proceedings This article provides general information regarding bankruptcy and restructuring proceedings under Slovak law, including the description of the roles, rights and duties of particular stakeholders participating in both proceedings. This is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 38 | The highly profitable acquisition of assets from insolvent ... This article outlines the peculiarities of the Spanish system regarding foreign investors buying assets from insolvent companies. Specifically, this article examines the increase in and diversification of insolvencies; the background on the insolvency landscape (including the Insolvency Act, subject of the offer and judicial process); successor liability and timing of the acquisition. This article is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Mar-2012 |
| 39 | Banking rehabilitation and insolvency reform in Switzerland The turmoil of the financial markets in 2007 and 2008 resulted in the two major Swiss banks suffering significant loss. This chapter concerns the recent amendments and proposed amendments to the Swiss bank rehabilitation and insolvency regime, including proposals to regulate the too big to fail banks to mitigate the risk of insolvency. This article is part of the PLC multi-jurisdictional guide to restructuring and insolvency. For a full list of contents visit www.practicallaw.com/restructurehandbook. | Articles | 01-Feb-2011 |
| 40 | Fraudulent transactions, taking security and guarantees, and ... This chapter provides an overview of the current legal framework in Brazil concerning: transactions which can be considered fraudulent in the event of a debtor’s insolvency; the types of security and guarantees which can be taken over debt; and the recognition and enforcement of foreign judgments and arbitral awards. This article is part of the PLC multi-jurisdictional guide to restructuring and insolvency. For a full list of contents visit www.practicallaw.com/restructurehandbook. | Articles | 01-Feb-2011 |
| 41 | Restructuring and Insolvency: Austria A Q&A guide to restructuring and insolvency law in Austria. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. For a full list of recommended restructuring and insolvency law firms and lawyers in Austria, please visit PLC Which lawyer? This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructurehandbook. | Articles | 01-Feb-2011 |
| 42 | Restructuring and Insolvency: Indonesia A Q&A guide to restructuring and insolvency law in Indonesia. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. For a full list of recommended restructuring and insolvency law firms and lawyers in Indonesia, please visit PLC Which lawyer? This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructurehandbook. | Articles | 01-Feb-2011 |
| 43 | Restructuring and Insolvency: Ireland A Q&A guide to restructuring and insolvency law in Ireland. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Feb-2011 |
| 44 | Restructuring and Insolvency: Israel A Q&A guide to restructuring and insolvency law in Israel. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Feb-2011 |
| 45 | Restructuring and Insolvency: Romania A Q&A guide to restructuring and insolvency law in Romania. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructure-mjg. | Articles | 01-Feb-2011 |
| 46 | Restructuring and Insolvency: Turkey A Q&A guide to restructuring and insolvency law in Turkey. The Q&A gives a high level overview of the most common forms of security granted over immovable and movable property; creditors' and shareholders' ranking on a company's insolvency; mechanisms to secure unpaid debts; mandatory set-off of mutual debts on insolvency; state support for distressed businesses; rescue and insolvency procedures; stakeholders' roles; liability for an insolvent company's debts; setting aside an insolvent company's pre-insolvency transactions; carrying on business during insolvency; additional finance; multinational cases; and proposals for reform. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructurehandbook. | Articles | 01-Feb-2011 |
| 47 | What happens on the outsourcer's insolvency: a comparison ... Following the global economic downturn, companies have been faced with the possibility that key outsourced services may suffer, or even disappear, if an external service provider becomes insolvent. This article outlines the US bankruptcy law principles and issues that are most relevant for customers of insolvent outsourcing service providers. It then provides a comparison of those principles with the insolvency frameworks in India and China. This article is part of the PLC multi-jurisdictional guide to outsourcing. For a full list of contents visit www.practicallaw.com/outsourcinghandbook. | Articles | 01-Feb-2011 |
| 48 | Insolvency of banks and other financial institutions in ... Switzerland introduced a new special insolvency regime for banks and securities dealers. This article considers the rules concerning the insolvency of banks and other financial institutions in Switzerland, with particular focus on the: Legislative structure and key characteristics of the scheme. Overview of restructuring and liquidation proceedings for banks and securities dealers. Set-off and netting agreements in insolvency proceedings. System protection: finality of payment and settlement instructions. Co-ordination with foreign procedures. Recognition of foreign insolvency orders. This article is part of the PLC multi-jurisdictional guide to Restructuring and Insolvency. For a full list of contents visit www.practicallaw.com/restructurehandbook. | Articles | 01-Feb-2010 |
| 49 | International restructuring: key Russian tax issues This article is part of the PLC multi-jurisdictional guide to Tax on Transactions. For a full list of contents visit www.practicallaw.com/taxontransactionshandbook. | Articles | 01-Feb-2010 |
| 50 | Restructuring and Insolvency: Denmark A Q&A guide to restructuring and insolvency law in Denmark. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructurehandbook. | Articles | 01-Feb-2010 |
| 51 | Restructuring and Insolvency: Finland A Q&A guide to restructuring and insolvency law in Finland. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructurehandbook. | Articles | 01-Feb-2010 |
| 52 | Restructuring and Insolvency: Greece A Q&A guide to restructuring and insolvency law in Greece. This Q&A is part of the PLC multi-jurisdictional guide to restructuring and insolvency law. For a full list of jurisdictional Q&As visit www.practicallaw.com/restructurehandbook. | Articles | 01-Feb-2010 |
| 53 | Insolvency in international arbitration: a growing concern An examination of the impact of an insolvent respondent in an arbitration. | Articles | 28-Jan-2009 |
| 54 | Cross-border insolvencies: UK and US markets compared The second part in a series on distressed debt considers and compares the insolvency proceedings and regimes in the UK and the US. | Articles | 20-Nov-2008 |
| 55 | Restructuring and insolvency: time to rebuild An overview of the US bankruptcy code, including an outline of Chapters 7, 11 and 15 of the Bankruptcy Code and an overview of involuntary proceedings, creditor status in bankruptcy, and parent, director and lender liability. This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services. | Articles | 11-Nov-2008 |
| 56 | Issues and strategies in US-Canada cross-border ... Cross-border insolvency proceedings involving affiliated debtors within a corporate group are becoming the norm. Against this background, this chapter focuses on key issues and trends relevant to cross-border restructurings between the US and Canada, including the effect of recent economic developments, Canadian insolvency reform, using jurisdiction to advantage through the example of the recent Chapter 15 case involving MuscleTech, meeting the requirements for recognition under Chapter 15, recognition of foreign non-main proceedings under existing law and pending insolvency reforms in Canada, the impact of new provisions for the recognition of foreign insolvency proceedings, and assets sales. | Articles | 01-Jan-2008 |
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| 1 | Belmont Park: Lehman "Flip Clause" Back in Court A new group of investors in certain synthetic CDOs issued by affiliates of Lehman Brothers filed suit in the US Bankruptcy Court for the Southern District of New York seeking to enforce, on grounds of judicial comity, conditional payment provisions that were ruled unenforceable by the same court in 2010. | Legal Update: archive | 15-Feb-2012 |
| 2 | FSB issues international standard for resolution regimes The Financial Stability Board has published an international standard on key attributes of effective resolution regimes for financial institutions. | Legal Update: archive | 04-Nov-2011 |
| 3 | Banking rehabilitation and insolvency reform in Switzerland ... An update on the restructuring and insolvency multi-jurisdictional guide, which answers key questions on restructuring and insolvency law and practice from the perspective of practitioners in 32 jurisdictions. This update focuses on banking rehabilitation and insolvency reform in Switzerland. | Legal Update: archive | 03-Aug-2011 |
| 4 | A public register of information on bankruptcy will come into ... This article is part of the PLC Global Finance January 2011 e-mail update for the Russian Federation. | Legal Update: archive | 31-Jan-2011 |
| 5 | Upcoming changes in German insolvency legislation This article is part of the PLC Global Finance January 2011 e-mail update for Germany. | Legal Update: archive | 31-Jan-2011 |
| 6 | Corporate restructuring under the US Bankruptcy Code ... A new practice note, Corporate restructuring under the US Bankruptcy Code: overview has been published. | Legal Update: archive | 02-Dec-2010 |
| 7 | Late claims not recognised under Corporate Rehabilitation ... This article is part of the PLC Global Finance October 2010 e-mail update for Japan. | Legal Update: archive | 29-Oct-2010 |
| 8 | Subordinated creditors may file for insolvency proceedings ... This article is part of the PLC Global Finance October 2010 e-mail update for Germany. | Legal Update: archive | 29-Oct-2010 |
| 9 | German Federal Court of Justice finds that comfort letters may ... This article is part of the PLC Global Finance September 2010 e-mail update for Germany. | Legal Update: archive | 01-Oct-2010 |
| 10 | Restructuring and Insolvency Cross-border Handbook: taking ... An update on the publication of the PLC Cross-border Restructuring and Insolvency Handbook, which answers key questions on restructuring and insolvency law from the perspective of practitioners in 25 jurisdictions. This update focuses on taking security over personal property. | Legal Update: archive | 20-Jul-2010 |
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| 1 | Competing jurisdictions under cross-border insolvency ... In Cosco Bulk Carrier Co Ltd v Armada Shipping SA and another [2011] EWHC 216 (Ch) (11 February 2011), the High Court considered whether arbitration proceedings should be stayed under the Cross-Border Insolvency Regulations 2006 (SI 2006/1030) and whether Swiss main insolvency proceedings constituted the appropriate venue for deciding the underlying dispute. | Legal Update: Case Report | 16-Feb-2011 |
| 2 | Lehman Reaches Settlement with BNY and Perpetual in Flip ... An update on the settlement reached by Lehman Brothers Holdings Inc. with BNY Corporate Trustee Services Ltd. and Perpetual Trustee Co. Ltd. in the "flip-clause" cases. | Legal Update: Case Report | 30-Nov-2010 |
| 3 | Cross-Border Insolvency Regulations: the High Court orders ... An update on In the matter of Bernard L Madoff Investment Securities LLC, between Picard v Fim Advisers LLP and others [2010] EWHC 1299 (Ch), in which the High Court considered the scope of its discretion under article 21(1)(d) of Schedule 1 to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030). | Legal Update: Case Report | 03-Jun-2010 |
| 4 | US decision in Perpetual case creates a cross-border conflict An update on the decision of the US Bankruptcy Court for the Southern District of New York in Lehman Brothers Special Financing Inc. v. BNY Corporate Trustee Services Ltd., Case No. 08-13555 (Bankr. S.D.N.Y. January 25, 2010), in which the court declined to follow the decisions of the English courts in parallel proceedings. | Legal Update: Case Report | 01-Feb-2010 |
| 5 | Court of Appeal determines effect of party's insolvency in one ... Ruth Byrne (Solicitor Advocate), Herbert Smith LLP In Syska (Elektrim SA) v Vivendi Universal SA and Ors [2009] EWCA Civ 677, the Court of Appeal considered the consequences of a foreign insolvency on a pending LCIA arbitration. Although the Court of Appeal reached the same conclusion as the judge below, it concluded that it was wrong to characterise the dispute in terms of a conflict between the provisions of Article 4 and Article 15 of Council Regulation (EC) No 1346/2000 on Insolvency Proceedings. | Legal Update: Case Report | 12-Aug-2009 |
| 6 | Court of Appeal confirms the consequences of foreign ... An update on Syska (Elektrim SA) v Vivendi Universal SA & Ors [2009] EWCA Civ 677, in which the Court of Appeal considered the consequences of a foreign insolvency on a pending LCIA arbitration. | Legal Update: Case Report | 14-Jul-2009 |
| 7 | Effect of foreign insolvency on pending arbitration in London An update on Syska v Vivendi Universal SA [2008] EWHC 2155 (Comm), in which the court considered the effect of a Polish company's insolvency on pending LCIA arbitration proceedings to which that company was party. Note: This case has been appealed to the Court of Appeal and the appeal was dismissed, see Legal update, Court of Appeal confirms the consequences of foreign insolvency on pending LCIA arbitration. | Legal Update: Case Report | 06-Oct-2008 |