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Insolvency & Restructuring

07 May 2021
Robert Goerend Insolvency proceedings: what are the options?

Luxembourg - Luther SA

The Supreme Court recently reconfirmed that a liquidated company is deemed to survive passively for a period of five years further to the publication of the closure of the liquidation in the Luxembourg Trade and Companies Register. This allows the company's creditors to introduce a legal action against it. In the current COVID-19 context, this decision highlights that a liquidation does not enable companies to bypass paying creditors.

Author: Robert Goerend
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Alicia Herrador Muñoz Composition of active mass: description of goods and rights

Spain - Augusta Abogados

Under Article 198 et seq of the Consolidated Text of the Bankruptcy Law, the bankruptcy administration must prepare an inventory of the insolvent party's assets and rights, including their value, by the end of the day immediately preceding the day on which it presents its report. This article discusses the inclusion of certain goods and rights in the inventory.

Author: Alicia Herrador Muñoz
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Recent updates

Bruce MacNeil Snapshot: debt for equity swaps

Jersey - Ogier

Authors: Bruce MacNeil, James Lydeard
Alicia Herrador Muñoz Composition of active mass: inventory of goods and rights – special cases

Spain - Augusta Abogados

Author: Alicia Herrador Muñoz
Rachael Markham Insolvency protection laws extended – where are we now?

United Kingdom - Squire Patton Boggs

Author: Rachael Markham
Bruce Bennett Supreme Court: mere retention of property does not violate automatic stay

USA - Jones Day

Authors: Bruce Bennett, Heather Lennox, Christopher DiPompeo, Dan T Moss