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Insolvency & Restructuring

26 June 2020
Stephen O'Grady COVID-19: a shield against winding-up petitions?

United Kingdom - Taylor Wessing

The Corporate Insolvency and Governance Bill was recently laid before Parliament. The bill contemplates a temporary ban on statutory demands presented from 1 March 2020 as a ground for presenting a winding-up petition and on winding-up petitions presented from 27 April 2020 unless the petitioning creditor has reasonable grounds for believing that COVID-19 has not had a financial effect on the debtor company or that it would have been insolvent even if COVID-19 had not had a financial effect on it.

Author: Stephen O'Grady
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Charles M Oellermann Use of cash collateral to pay prepetition debt not prohibited by Jevic

USA - Jones Day

The ability of a bankruptcy trustee or a Chapter 11 debtor in possession to use cash collateral during the course of a bankruptcy case may be vital to the debtor's prospects for a successful reorganisation. However, because of the unique nature of cash collateral, the Bankruptcy Code sets out special rules that apply to the non-consensual use of such collateral to protect the interests of the secured creditor involved.

Authors: Charles M Oellermann, Mark Douglas
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Recent updates

Simon Davies Company administration regime

Guernsey - Ogier

Authors: Simon Davies, Marcus Leese, Mathew Newman, Alex Horsbrugh-Porter
Mike van de Graaf Dutch scheme of arrangement: new pre-insolvency restructuring instrument

Netherlands - AKD NV

Authors: Mike van de Graaf, Ward Aerts
Beat Mumenthaler Moratoria during COVID-19 pandemic – an overview

Switzerland - Pestalozzi Attorneys at Law

Authors: Beat Mumenthaler, Jean Baptiste Lhôte
Bart Heynickx Government measures to assist companies during COVID-19 pandemic – interview

Belgium - ALTIUS

Author: Bart Heynickx
Adam Bell COVID-19 Weekly Report (1-7 June 2020)

International - International Law Office

Author: Adam Bell
Damian Evans COVID-19: restructuring and corporate recovery measures

Jersey - Ogier

Authors: Damian Evans, Bruce MacNeil
Amy Patterson Significant insolvency reform for United Kingdom: Corporate Insolvency and Governance Bill

United Kingdom - Taylor Wessing

Authors: Amy Patterson, Nick Moser, Stephen O'Grady