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  • Article

    Belgium- Reform Of Belgian Insolvency Law

    On 13 July 2017, the Chamber of Representatives of the federal Parliament adopted in plenary session the Bill introducing a new Book XX "Insolvency of undertakings" into the Code of Economic Law ...
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Supreme Court Clarifies Liability Of Shadow Directors For Late Filing For Bankruptcy

    In doing so, the Supreme Court rejected the argument put forward by the defendants that it had equated the requirement for criminal intent with a mere violation of the fiduciary duties of the directors.
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    A Further Step Taken By Ukraine To Simplify Out Of Court Loan Workouts

    On 25 September 2019, the Ukrainian Parliament brought into force law No. 112-IX (the "Law"). The purpose of the Law is to correct deficiencies in existing legislation and further promote
    WorldwideInsolvency/Bankruptcy/Re-Structuring
    Hogan Lovells
    Hogan Lovells
  • Article

    Court Of Justice Of European Union Provides Guidance Regarding Applicable Law In Proceedings Against Insolvent Debtors

    Contrary to Portuguese law, the application of Luxembourg law would not have resulted in the termination of the pending lawsuits.
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    General Court Partly Annuls European Commission Decision On Restructuring Aid Granted To ING On Account Of The Financial Crisis

    On 2 March 2012, the General Court ("GC") has partly upheld ING’s appeal against a Commission decision of 2009 regarding various forms of aid granted by the Dutch State to the banking group ING in the context of the latter’s restructuring plan during the financial crisis.
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Commercial Court Establishes Incompatibility Between Task Of External Accountant And Liquidator

    On 28 December 2010, the Leuven Commercial Court handed down a judgment in application of Article 184 of the Belgian Companies’ Code governing the appointment of a liquidator in the event of the dissolution of a company.
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Belgian Constitutional Court Restricts Enforcement Of Financial Collateral During Collective Debt Settlement Procedures

    The Belgian Constitutional Court addressed in a recent judgment the treatment of creditors in a collective debt settlement procedure.
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Loyens & Loeff
    Loyens & Loeff
  • Article

    European Commission Submits Proposal To Modernise EU Insolvency Law

    On 12 December 2012, the European Commission submitted a proposal for a Regulation to amend Regulation (EC) No 1346/2000 on insolvency proceedings.
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    First Insolvency Proceedings Opened Held To Have Priority, With Consequences Regarding Managers' Liability (Com. 7 Févr. 2018, FS-P+I, N° 17-10.056)

    The Recast Insolvency Regulation 2015/848 governs cross-border insolvency proceedings within the European Union
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Hogan Lovells
    Hogan Lovells
  • Article

    Faillissementen Als Katalysator Voor Innovatie

    In het dynamische landschap van bedrijfsvoering is het verband tussen faillissementen en innovatie dichterbij dan op het eerste gezicht zou worden aangenomen.
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Caluwaerts Uytterhoeven
    Caluwaerts Uytterhoeven
  • Article

    Cross-Border Debt Recovery: European Account Preservation Order Becomes Applicable

    On 18 January 2017, nearly three years after its entry into force, Regulation 655/2014 of 15 May 2014 establishing an EAPO procedure to facilitate cross-border debt recovery in...
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Evaluation Of The ESUG – Essentially A Success!?

    The recently published report on the evaluation of the ESUG, the German law to facilitate the restructuring of companies, states that the changes introduced by the ESUG have been received...
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Hogan Lovells
    Hogan Lovells
  • Article

    COVID-19 Drives Changes To Judicial Reorganisation Procedures

    The COVID-19 crisis has emphasised the importance of having performant insolvency proceedings. As of now, new measures are in force which aim to optimise the judicial reorganisation procedure.
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Loyens & Loeff
    Loyens & Loeff
  • Article

    Belgium's Pre-Pack Procedure: A Two-Year Reality Check

    Pre-packaged sales, or "pre-packs," have long been utilized in the United Kingdom and the United States as a restructuring mechanism that enables the sale of a distressed business to be arranged...
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    ALTIUS
    ALTIUS
  • Article

    Belgium Proceeds With Insolvency Reforms With EU Restructuring Directive Implementation

    The European Union has recognised the need for harmonised insolvency laws across its member states and has taken a significant step forward with the introduction of the new EU Restructuring Directive ((EU) 2019/1023).
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    Osborne Clarke LLP
    Osborne Clarke LLP
  • Article

    New Insolvency Landscape On The Horizon: More Options For Companies To Reorganise And Restructure

    Belgium had accumulated a significant legislative backlog within insolvency law. The European Directive 2019/1023 on restructuring had to be transposed into national law by the member states by 17 July 2022...
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    ALTIUS
    ALTIUS
  • Article

    Long-Awaited EU Preventive Restructuring Frameworks Directive Takes Effect Amidst Warnings Of A European Recession

    The Preventive Restructuring Frameworks Directive (EU) 2019/1023 is finally in force. Following its implementation into EU member states' national law
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Hogan Lovells
    Hogan Lovells
  • Article

    Court With Jurisdiction Over Main Insolvency Proceedings Also Competent To Rule On "Actio Pauliana", Even Against Non-EU Defendants

    On 4 December 2014, the Court of Justice of the European Union answered a preliminary question from the Landgericht Darmstadt in the case H. vs. H.K. (Case C-295/13).
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Van Bael & Bellis
    Van Bael & Bellis
  • Article

    Liquidation Procedure (Finally) Updated

    The Act of 19 March 2012, amending the Belgian Company Code with regard to the liquidation procedure.
    BelgiumInsolvency/Bankruptcy/Re-Structuring
    NautaDutilh
    NautaDutilh
  • Article

    A Welcome Red Packet – Hong Kong Court Recognises Mainland Chinese Administrators For First Time

    Just in time for Chinese New Year, a Hong Kong court has taken a major step forward in the developing law on cross-border insolvency by recognising ...
    WorldwideInsolvency/Bankruptcy/Re-Structuring
    Hogan Lovells
    Hogan Lovells

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