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Lexology PRO | Australia, Canada, European Union, etc. | 14 Jun 2022

Buy now pay later: budgeting saviour or debt disguiser?

The embattled BNPL sector faces a complicated mix of surging demand from desperate shoppers, unstable share prices and expanding regulation. Will it survive the cost-of-living crisis?
Commentary
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Oon & Bazul LLP | Singapore | 1 Feb 2019

Restructuring and insolvency cases following recent amendments to Companies Act

The Companies Act was amended in May 2017 to introduce a number of improvements to Singapore's debt restructuring laws regarding super-priority status for rescue financing, schemes of arrangement, judicial management and cross-border insolvency. This article reviews the various court decisions (both reported and unreported) that have been issued since the changes became operative.
Article
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Jones Day | USA | 29 Jan 2019

Fifth Circuit Suggests Claims for Make-Whole Amounts Should Be Disallowed

On January 17, 2019, the Fifth Circuit strongly suggested that claims for make-whole damages be characterized as "unmatured interest"…
Article
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Hudson Cook LLP | USA | 28 Jan 2019

Nebraska Legislature Proposes Unsecured Consumer Loan Licensing Act

On January 15, 2019, a Nebraska legislator introduced Legislative Bill 265 to create a new lending license applicable to certain unsecured consumer…
Article
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Weil Gotshal & Manges LLP | USA | 22 Jan 2019

To Make-Whole … or Not

On January 17, 2019, a three-judge panel of the United States Court of Appeals for the Fifth Circuit reversed, in part, and vacated, in part, a…
Article
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FisherBroyles LLP | USA | 3 Dec 2018

Ninth Circuit BAP Denies Retroactive Approval of Postpetition Financing

Section 364(a) of the Bankruptcy Code allows a debtor to incur unsecured debt, like trade debt, in the ordinary course of business. Section 364(b) of…
Commentary
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HPP Attorneys Ltd | Finland | 30 Nov 2018

Security value of floating charge in restructuring – latest precedent

In January 2015 two Supreme Court precedents indicated that assets subject to floating charges should be valued at their feasible liquidation value; however, under these precedents, the valuation terms were somewhat ambiguous and certain liquidation costs remained undetermined. The court's latest precedent addresses the equal treatment of creditors in both restructuring and bankruptcy......
Article
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Travers Smith LLP | United Kingdom | 13 Nov 2018

2018: The year of the CVA

2018 has seen a wave of company voluntary arrangements ("CVAs") hit the market, with high profile companies such as House of Fraser, Carpetright, New…
Article
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Travers Smith LLP | United Kingdom | 9 Nov 2018

2018: The year of the CVA

2018 has seen a wave of company voluntary arrangements ("CVAs") hit the market, with high profile companies such as House of Fraser, Carpetright, New…
Article
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Collyer Bristow LLP | United Kingdom | 21 Sep 2018

Are relevant loans losing their relevance?

HMRC has updated its guidance regarding relevant loans, which may have a significant impact on the wider use of debt financing in offshore estate…
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