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ALTIUS | Belgium | 8 May 2020

Is my business automatically protected against creditors during COVID-19 crisis?

Due to the lockdown measures and other restrictions imposed by the government to fight the COVID-19 pandemic, many companies are dealing with revenue…

Fried Frank Harris Shriver & Jacobson LLP | European Union | 22 Apr 2020

Strategic Debt Options for European Issuers in the Time of COVID-19

The COVID-19 pandemic has resulted in extreme market dislocations that have strained cash flows and threatened debt servicing capacity for many European corporates.

Kingsley Napley | United Kingdom | 6 Apr 2020

Compensation orders against company directors: a new way around Limited Liability?

The case of the Secretary of State for Business, Energy and Industrial Strategy v Kevin William Eagling [2019] EWHC 2806 (Ch) was the first brought…

Hogan Lovells | Indonesia | 20 Mar 2020

Are secured creditors secured?

The highest judiciary authority in Indonesia, the Supreme Court (Mahkamah Agung, MA), recently issued MA Decree No. 3/KMA/SK/I/2020 on the Guidelines…

Stephenson Harwood LLP | China, Hong Kong | 16 Mar 2020

Gibbs Rule and the first Hong Kong scheme involving a PRC law governed debt

This is the first reported scheme of arrangement in Hong Kong seeking to compromise debt governed by PRC law. Under the Gibbs Rule, a foreign…

Bradley Arant Boult Cummings LLP | USA | 14 Nov 2019

In Alabama, Not All Debts Are Created Equal

Alabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as…

Cadwalader Wickersham & Taft LLP | USA | 1 Nov 2019

Subscription Finance Loan Agreement Series, Part 12: The Use of Hedging through Borrowing Base/Security

An increasingly common trend in subscription/capital call financing, reflecting the increasing appetite of funds in this area, is the utilisation of…

Cadwalader Wickersham & Taft LLP | USA | 25 Oct 2019

Cross-Referenced Debt Limits

In the United States, while there are certainly exceptions, it has become a common market custom for the debt limitations in a subscription facility…

Maurice Wutscher LLP | USA | 14 Oct 2019

Calif. App. Court (2nd Dist) Rejects Claim That Loan Assignment During Default Was Void

The Court of Appeal for the Second District of California recently affirmed the dismissal of a borrower’s claims for wrongful foreclosure alleging…

Borden Ladner Gervais LLP | Canada | 13 Sep 2019

Alberta Court Dismisses Pseudolegal Debt Elimination Scheme

In Gacias v. Equifax Canada Co., the Alberta Court of Queen's Bench summarily dismissed a claim against Equifax Canada, a credit reporting agency, in…
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