Newsletter prepared by our firm including further analysis on the latest case law, legislation and transactions on finance and restructuring
1.- CASES AND TRANSACTIONS
> Nueva Pescanova Case: challenges upheld and revocation of court approval
> Transaction “Annie”: sale of performance-linked loans to consumers
> “Albariño” project: indirect securitization of NPLs and REOs
> Transaction “Higgs”: Sale of NPLs
> Capital Energy: financing a wind farm
> NEENAH: financing to acquire the Itasa Group
2.- LEGISLATION
> COVID-19: Key aspects for companies, financial institutions and funds
> Developments in the EU framework for securitization
3.- CASE LAW
> A 10-year maximum waiting period in compositions
> Clawback of set-off payments
> Concept of control in insolvency proceedings
> Classification of claims held by a joint and several debtor
> Classification of claims held by exiting shareholders
> Early maturity of mortgage loans in declaratory proceedings
> Sale of production units with assets subject to special privilege
> Claims arising from participating loans are subordinated
> Securitization funds are the creditors of securitized claims in insolvency proceedings
> Rescission of payments subject to agreements with the sole shareholder not recorded in the ledger
4.- ADMINISTRATIVE DOCTRINE
> Mortgage cancellation without the privileged creditor’s consent
> Stamp duty on deeds of release for co-debtors in mortgage loans
5.- OTHER NEWS
> Guide and recommendations for the sale of production units in insolvency proceedings