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Section 216 of the Insolvency Act 1986 restricts the use by a Phoenix company or successor business of a similar name or trading style to that of a company in insolvent liquidation as reported in an earlier post. Winning the Eurovision Song Contest was only one of Serbia’s European achievements last weekend. Serbia has the advantage of having developed its bankruptcy law since 2000, incorporating many of the best bits of other insolvency regimes around the world.
Does the appointment of a schwacher vorlA¤ufiger Insolvenzverwalter (a “weak” preliminary administrator) under German law normally entail the partial or total divestment of the debtor as set out in Article 1(1) of the European Insolvency Regulation? I had understood from various German sources that it did not, and that therefore such an appointment would not normally constitute insolvency proceedings under the Regulation.
Leading US insolvency lawyer Richard Levin moving from Skadden Arps to CravathA has generated some chatter (see the Wall Street Journal post here).
For a current guide to insolvency procedures in nine major European jurisdictions, try Clifford Chance’s European Insolvency Procedures (2007 Edition). The note includes an introduction on the European Insolvency Regulation and a brief comparative analysis of insolvency and restructuring trends in Europe. The New York Times DealBook blog reports a Boston Globe article interviewingA private equity firms TA Associates and Thomas H. Yesterday’s judgement in the Powerhouse company voluntary arrangement (CVA) dispute has been hailed as a victory for landlords, but in reality will lead to landlords seeking greater security from tenants. Reported in The Times and Citywire, the High Court decision (Etherton J) in fact held that parent company guarantees can effectively be avoided through a CVA, provided the value of the guarantee is recognised in the proposal.
The credit that is fuelling leveraged buyouts and other private equity deals may become tomorrow’s problem, according to a recent post by Bob Eisenbach. Sub-prime mortgage lenders are suffering in the US just now and commentators are drawing parallels to suggest that lax credit standards in the corporate arena couldA magnify default rates in an economic downturn.
If you like it, use this form to become a subscriber and receive your personal copy each quarter. They also hosted INSOL Europe’s 3rd Accessing Countries Committee conference, as reported by Economy, the Serbian business news website. In other words, guaranteed creditors must get a better deal than ordinary unsecured creditors. The US Bankruptcy lawyer draws on articles in the Financial Times and the Guardian (courtesy of a New York Times blog).
The problems will be exacerbated by investors who have chased returns and moved towards more illiquid hedge and buyout funds. The articleA reinforces the view we expressed in an earlier post that lax credit standards could magnify default rates in an economic downturn.

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