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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......
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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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