On 31 October 2023, Federal Law Decree No. (51) concerning Financial Restructuring and Bankruptcy (the New Law) was published in the UAE Federal Gazette. The New Law comes into force on 1 May 2024 and will repeal the 2016 Law...more
2/29/2024
/ Automatic Stay ,
Bankruptcy Court ,
Bankruptcy Trustees ,
Commercial Bankruptcy ,
Creditors ,
Debtors ,
Liquidation ,
Moratorium ,
New Legislation ,
Restructuring ,
United Arab Emirates (UAE)
The recent detention of a restructuring professional in the United Arab Emirates serves as a stark reminder that directors and officers of insolvent or distressed companies can face personal liability for their actions or...more
1/31/2024
/ Bankruptcy Court ,
Books & Records ,
Chapter 13 ,
Civil Liability ,
Corporate Counsel ,
Corporate Restructuring ,
Criminal Liability ,
Insolvency ,
Limited Liability Company (LLC) ,
Liquidation ,
Saudi Arabia ,
United Arab Emirates (UAE)
An otherwise viable business experiencing a cash flow crisis may seek relief under Chapter Four of the Kingdom of Saudi Arabia (“KSA”) Bankruptcy Law (“Bankruptcy Law”), a flexible statute that helps facilitate the financial...more
On September 7, 2022, the U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of a chapter 11 debtor’s adversary proceeding to enforce the automatic stay against Irish creditors seeking to sell the debtor’s...more
The U.S. Court of Appeals for the Eleventh Circuit reversed a bankruptcy court’s decision which held that a “subsequent new value” defense to avoidable preference liability must be reduced by payments the creditor-defendant...more
On February 25, 2022, Judge Christopher J. Panos of the U.S. Bankruptcy Court for the District of Massachusetts granted in part and denied in part an assignee lender’s motion to dismiss claims brought by an affiliated group...more
The U.S. Court of Appeals for the Eleventh Circuit Court upheld a bankruptcy court’s order retaining supervisory authority over Jefferson County, Alabama’s sewer rates for the next forty years. Extending a line of cases...more
Affirming the Bankruptcy Code’s aversion to upsetting court-approved sales on appeal, on January 12, 2018, the U.S. Court of Appeals for the First Circuit held that a bankruptcy court’s “good-faith” finding protected a...more