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Zone of Insolvency

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By: Norton Rose Fulbright

Blog Authors

Bandar Al-Saif (US)
Scott Atkins (AU)
Pooja Balani
Craig Barrett
Jeffery Black (AU)
Grace Carpenter (UK)
Katie Chung
Evan Cobb (CA)
Mark Craggs (UK)
Eric Daucher
NRF Digital Team
Dominic Dupoy
Helen Fairhead (UK)
Kristian Gluck
Sophie Hewitt (AU)
Julie Himo (CA)
Samuel Kohn (US)
Lawrence A. Larose
Dr. Kai Luck (AU)
David M. LeMay (US)
John Martin (AU)
Joseph McHale (UK)
Arad Mojtahedi (CA)
Tim Mornane
Cassie Mortimer (AU)
Yu-En Ong
Tony Reyes
Christy Rivera (US)
Andrew Rosenblatt (US)
Susan Ross (US)
James Salwen
Nicole Schaillee
Mark Schneider (AU)
Jenna Scott (AU)
Howard Seife (US)
Matthew Thorn (UK)
Natasha Toholka (AU)
Deborah Tsai (AU)
Jonathon Turner
Francisco Vazquez (US)
John Verrill (UK)
Joy Wang (US)
Shantel Watters-Rogers
Nick White (AU)
Rebecca Winthrop (US)

Latest from Zone of Insolvency

Zone of Insolvency

Norton Rose Fulbright’s global insolvency chair is conference chair of INSOL International’s Latin America Virtual Seminar

By NRF Digital Team
February 23, 2021
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Global Head of Financial Restructuring and Insolvency Howard Seife is conference chair of INSOL International’s Latin America Virtual Seminar, which will cover the latest news and developments in cross-border restructurings in Latin America. The seminar will run over three different dates—March 4, March 11 and March 18. INSOL International is a global federation of lawyer and accountant national associations who focus on turnaround and insolvency. With over 40 member associations with over 9,000 professionals,…
Zone of Insolvency

Litigation trends survey

By NRF Digital Team
February 12, 2021
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Fieldwork for Norton Rose Fulbright’s sixteenth annual litigation trends survey was conducted in December 2020, providing up-to-date insights on key US disputes trends across a tumultuous year and a look ahead into 2021. View our sixteenth annual litigation trends survey here for insights from 183 corporate counsel on disputes trends, the impact of COVID-19 on litigation, emerging dispute sources, and more.…
Zone of Insolvency

So Many Troubled California Health Care Districts, So Many Have Filed Chapter 9—Lessons To Be Learned

By Rebecca Winthrop (US)
February 4, 2021
With the increasing financial pressures on California hospitals in general, and rural hospitals in particular, it is likely that growing numbers of California health care districts will seek chapter 9 protection in the future. For further discussion on the challenges facing California health care districts you can read the article featured in California Bankruptcy Journal (Vol. 35 Cal. Bankr. J. No 3 (2020)) which Ms. Winthrop co-authored with Mary H. Rose, a shareholder of Buchalter, A…
Zone of Insolvency

Small businesses, big changes: Australia’s new restructuring process

By Natasha Toholka (AU) & Cassie Mortimer (AU)
February 4, 2021
On 1 January 2021, significant changes to Australia’s restructuring and liquidation regime came into effect for small businesses, including a new restructuring process.  These changes were announced on 24 September 2020, however many aspects of the pending changes did not become clear until the bill and associated regulations were released in December 2020. These changes are part of a series of measures introduced in Australia in response to the current and anticipated economic impact of…
Zone of Insolvency

Contagion liability risk in the United States and Australia for parent entities arising from the insolvency of a subsidiary

By Scott Atkins (AU), Dr. Kai Luck (AU) & Francisco Vazquez (US)
January 25, 2021
With the influx of insolvency cases expected on a global basis in coming months as government support measures are wound back, now is an opportune time for businesses to consider the extent of their potential exposure if a subsidiary liquidates. In particular, can losses be isolated within a liquidating subsidiary, or will there be a contagion effect, so that a parent entity may be held liable for the outstanding debts of the subsidiary? Read the International …
Zone of Insolvency

Brexit’s impact on UK-EU cross-border restructuring

By Mark Craggs (UK) & Matthew Thorn (UK)
January 8, 2021
Brexit—the UK’s exit from the European Union—became fully effective at the turn of the year with the expiry of the implementation period on 31 December 2020. Prior to 1 January 2021, recognition and enforcement of restructuring and insolvency procedures and judgments between the UK and EU member states was subject to common EU regulations which had direct effect and broadly offered automatic recognition. Those common regulations no longer apply to the UK. Notwithstanding the loss…
Zone of Insolvency

Scheme update: fees, class composition and forum shopping in Re Codere Finance

By Matthew Thorn (UK)
November 17, 2020
Introduction Spanish gaming company Codere proposed an English scheme of arrangement to restructure over €800 million in existing note debt. As a part of the scheme, Codere agreed to pay fees and provide benefits to an ad hoc sub-committee of noteholders that were not available to all noteholders. The High Court held that those fees and benefits were not so material as to fracture the single voting class of noteholders. Re Codere Finance 2 (UK)…
Zone of Insolvency

Global bankruptcy financial restructuring and insolvency group releases the Q4 2020 issue of International Restructuring Newswire

By NRF Digital Team
October 15, 2020
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Our global bankruptcy financial restructuring and insolvency team has released its quarterly International Restructuring Newswire. Our team has published five articles examining new developments and a number of the tools available for financial restructurings in the United Kingdom, Germany, the Netherlands and Canada. Lighting up the CIGA! The Netherlands – Wet Homologatie Onderhands Akkoord Preventive Restructuring Framework – A new era for restructurings in Germany Authority to bar a creditor from voting and litigation …
Zone of Insolvency

A DIP of the toe into US Chapter 11 waters for Australia

By Jeffery Black (AU) & Nick White (AU)
September 30, 2020
On 24 September 2020, the Australian Government announced the introduction of two new restructuring and insolvency processes for small businesses (having liabilities of less than AU$1 million). It is proposed that these measures will be introduced from 1 January 2021 with a view to reducing the cost, time and complexity burden imposed on small businesses by the existing insolvency processes. The Australian Government has described the changes as “the most significant changes to the Australian…
Zone of Insolvency

The Insolvency, Restructuring and Dissolution Act 2018 – Reforming the law on contractual remedies

By Yu-En Ong, Pooja Balani & Katie Chung
August 21, 2020
On 30 July 2020 Singapore’s new “omnibus” Insolvency, Restructuring and Dissolution Act 2018 (the Insolvency Act) came into effect. This marks the third phase in recent years to strengthen Singapore’s restructuring and insolvency laws. The Insolvency Act consolidates the laws on insolvency, bankruptcy, restructuring and dissolution into a single enactment and introduces a number of changes to the restructuring and insolvency framework in Singapore including: (i) the introduction of a new licencing and regulatory regime…

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