European Union: Insolvency/Bankruptcy/Re-Structuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Incongruent Coverage (Section 131 Inso) – When Payments Made Under Pressure Backfire
German insolvency law's principle of equal creditor treatment faces a critical challenge through Section 131 of the Insolvency Code, which addresses "incongruent coverage" - situations where creditors receive security or satisfaction they weren't entitled to receive, or not in that form or timing. The practical stakes are substantial: within the last month before insolvency filing, objective incongruence alone suffices for avoidance actions, with no requirement to prove the creditor's knowledge of the debto
Germany Insolvency
MB
Mayer Brown
Article
ESG Als Refinanzierungsvoraussetzung: Rechtliche Konsequenzen Für Sanierung Und Unternehmensfinanzierung
Sustainability criteria have evolved from voluntary commitments to critical factors in corporate financing. Companies seeking refinancing during crisis must now not only address operational and financial challenges but also credibly demonstrate ESG transformation, navigating potential deal-breakers, restructuring concept requirements, and greenwashing liability risks.
Germany Insolvency
PL
PwC Legal Germany
Article
International Restructuring Through Ireland – Examinership
Ireland's examinership process provides a unique corporate rescue mechanism for international restructuring, offering automatic EU recognition, worldwide creditor moratorium, and cross-class cram down capabilities. This comprehensive guide examines how non-Irish companies can leverage examinership for complex cross-border restructurings, featuring case studies of major transactions including Norwegian Air, Mallinckrodt plc, and Weatherford, with comparative analysis against UK and US restructuring framework
Ireland Insolvency
WF
William Fry
See more

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Article
Incongruent Coverage (Section 131 Inso) – When Payments Made Under Pressure Backfire
German insolvency law's principle of equal creditor treatment faces a critical challenge through Section 131 of the Insolvency Code, which addresses "incongruent coverage" - situations where creditors receive security or satisfaction they weren't entitled to receive, or not in that form or timing. The practical stakes are substantial: within the last month before insolvency filing, objective incongruence alone suffices for avoidance actions, with no requirement to prove the creditor's knowledge of the debto
Germany Insolvency
MB
Mayer Brown
See more
Article
Incongruent Coverage (Section 131 Inso) – When Payments Made Under Pressure Backfire
German insolvency law's principle of equal creditor treatment faces a critical challenge through Section 131 of the Insolvency Code, which addresses "incongruent coverage" - situations where creditors receive security or satisfaction they weren't entitled to receive, or not in that form or timing. The practical stakes are substantial: within the last month before insolvency filing, objective incongruence alone suffices for avoidance actions, with no requirement to prove the creditor's knowledge of the debto
Germany Insolvency
MB
Mayer Brown
Article
ESG Als Refinanzierungsvoraussetzung: Rechtliche Konsequenzen Für Sanierung Und Unternehmensfinanzierung
Sustainability criteria have evolved from voluntary commitments to critical factors in corporate financing. Companies seeking refinancing during crisis must now not only address operational and financial challenges but also credibly demonstrate ESG transformation, navigating potential deal-breakers, restructuring concept requirements, and greenwashing liability risks.
Germany Insolvency
PL
PwC Legal Germany
Article
International Restructuring Through Ireland – Examinership
Ireland's examinership process provides a unique corporate rescue mechanism for international restructuring, offering automatic EU recognition, worldwide creditor moratorium, and cross-class cram down capabilities. This comprehensive guide examines how non-Irish companies can leverage examinership for complex cross-border restructurings, featuring case studies of major transactions including Norwegian Air, Mallinckrodt plc, and Weatherford, with comparative analysis against UK and US restructuring framework
Ireland Insolvency
WF
William Fry
See more