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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"…
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…
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…
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…
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…
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…
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…
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…
Dechert LLP | United Kingdom | 16 Jul 2018
English Court of Appeal Clarifies the Ambit of the Rule Against Reflective Loss
In the recent decision in Carlos Sevilleja Garcia v Marex Financial Limited, the Court of Appeal helpfully summarised the justifications for the…
BPE Solicitors LLP | United Kingdom | 23 May 2018
‘Insolvency calls time on pursuing claims’
Claims remain frequent in the construction industry, and so do insolvencies. In the wake of main contractor Carillion’s entry into liquidation, and…
