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Germany mulls changes to insolvency laws as EU neighbours amend theirs

Germany mulls changes to insolvency laws as EU neighbours amend theirs

13 November 2015

Several European countries have passed changes to their insolvency laws in recent months, with France, Italy and the UK introducing new measures that give courts greater powers and expand the role of creditors, while the German legislature considers a bill to reform the regime’s clawback provisions – but harmonisation of laws across the EU still seems a distant prospect.

One in, one out at Morgan Lewis

One in, one out at Morgan Lewis

13 November 2015

Morgan Lewis & Bockius has hired Renée Dailey as a partner in its Hartford, Connecticut office, and said goodbye to Allan Reiss in New York.

Mexico’s Homex completes restructuring under new insolvency law

Mexico’s Homex completes restructuring under new insolvency law

13 November 2015

Mexican real estate developer Desarrolladora Homex has become the first major company with US investors to successfully restructure under Mexico’s reformed insolvency law, coming out of its restructuring within the mandated one-year period.

Appleby rehires funds partner in the Caymans

Appleby rehires funds partner in the Caymans

13 November 2015

Offshore firm Appleby has rehired a partner in its Cayman Islands funds team.

US court says NY law bonds count as property in Chapter 15 case

US court says NY law bonds count as property in Chapter 15 case

11 November 2015

Widening the door for more non-US companies to seek recognition of cross-border bankruptcies in New York, a US bankruptcy court has found that New York choice of law and forum selection clauses in a Singaporean company’s indentures satisfied the Second Circuit’s much-criticised US property requirement for a Chapter 15 filing.

Chinese lender appoints receiver in Baha Mar foreclosure

Chinese lender appoints receiver in Baha Mar foreclosure

10 November 2015

Export-Import Bank of China has appointed a receiver in the foreclosure of a US$3.5 billion Bahamian resort, weeks after it was denied bankruptcy protection in the United States.

Linklaters hires new practice head

Linklaters hires new practice head

10 November 2015

Linklaters has hired a new head of restructuring and insolvency in New York from Willkie Farr & Gallagher.

India publishes new restructuring bill to streamline insolvency

India publishes new restructuring bill to streamline insolvency

10 November 2015

An Indian law reform committee has published recommendations and a draft bill to modernise the country’s bankruptcy laws – but the new bill says little about cross-border insolvencies.

UK court examines impact of new EU laws on jurisdiction

UK court examines impact of new EU laws on jurisdiction

06 November 2015

Two decisions over the summer examined the impact of new EU legislation on the jurisdiction of the UK courts over the approval of a Dutch and Belgian group’s English scheme of arrangement, and a claim for the recovery of a debt where there were parallel administrative proceedings in Portugal.

Setbacks in court for secondary investors in Madoff claims

Setbacks in court for secondary investors in Madoff claims

06 November 2015

Secondary market investors who bought claims related to the Madoff fraud suffered two setbacks last month, as a court in New York reversed the sale of one claim, and a court in Dublin dismissed attempts to enforce another against a third party on grounds that it violated Irish champerty rules.

Ontario court rejects Nortel bondholder’s “interest stops” claim

06 November 2015

In a precedent-setting decision, a Canadian appeals court has ruled that unsecured bondholders in the defunct multinational telecoms operator Nortel will...

Kirkland & Ellis adds new partner in Hong Kong

Kirkland & Ellis adds new partner in Hong Kong

29 October 2015

Kelly Naphtali has left Lipman Karas to join Kirkland & Ellis as a partner in Hong Kong.