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Content Type: Publications Tagged: 'Philip Hertz'

Results 1-10 of 56

Schuldschein Loans in Cross-Border Restructurings

18 September 2019


Schuldschein loans are no longer the sole preserve of German Mittelstand borrowers, and have started to play an increasingly prominent role in cross-border restructurings. This note examines some of the key issues that all parties will need to be aware of in relation...

A Guide to Restructuring and Insolvency Procedures in Europe

8 July 2019


We are delighted to publish an updated version of our Guide to restructuring and insolvency procedures in Europe. The Guide is designed to provide you with an overview of the relevant law in the diverse legal systems that operate across Europe. It will assist in...

Directors' Liability for Unlawful Dividends

27 June 2019


When businesses fail it is not unusual for the blame game to start. Those responsible for its management are most likely to be in the firing line. Transactions that may have taken place years before any formal insolvency, may suddenly become subject to the close...

EU directive on restructuring frameworks: The same, but different?

26 June 2019


On 26 June 2019 a new EU Directive on preventive restructuring frameworks on discharge of debt and disqualifications, and measures to increase the efficiency of procedures concerning restructuring, insolvency and discharge of debt (the Directive) was published...

Restructuring Solutions in Europe - Promoting and Embracing Change

5 April 2019


As uncertainties in the macroeconomic and geopolitical environment continue to dominate the headlines, Adrian Cohen talks to colleagues from our restructuring and insolvency practice around Europe about current issues and the restructuring solutions being used...

An otherwise lawful dividend can be a transaction defrauding creditors

7 February 2019


The case of BTI 2014 LLC v Sequana SA [2019] EWCA Civ 112 offers a warning to directors and companies. The English Court of Appeal concluded that the payment of a lawful dividend can be susceptible to challenge under section 423 of the Insolvency Act 1986 (transactions...

UK corporate insolvency reforms: looking beyond Brexit

8 October 2018


Looking beyond Brexit is a clear focus for the Department for Business, Energy and Industrial Strategy. This is apparent from the recent proposals for corporate insolvency reforms in the UK. In a government response to a consultation on insolvency and corporate...

Commencement of Romanian main insolvency proceedings

6 July 2018


In formal insolvency situations in most places around the globe, management can find themselves subject to the scrutiny of insolvency officeholders; who investigate and consider the cause of the failure.  Obligations in the period immediately before a formal...