RCR Update - March 2018

Welcome to the March edition of RCR Update summarising what we think are the more interesting recent legal developments in restructuring and corporate recovery.

Former director found to have entered into a transaction at an undervalue

Neil Smyth comments on a recent judgment on transactions at an undervalue and preference.

Attributing a director's fraud to a company

Sarah Wallace, a trainee from our London office, comments on a case confirming the instances where a director's fraudulent actions can be attributed to a company.

Vietnam: special control over underperforming credit institutions

Benjamin Yap and Dang Thi Tuong Vi from RHTLaw Taylor Wessing Vietnam provide insight into the recent amendments which provide grounds for special control over underperforming credit institutions.

Liquidator's claim struck out for insufficient drafting and abuse of process

London trainee Callum Macauley reports on a case striking out a liquidator's preference claim.

Charges can be invalidated or affected by provisions in other related finance documents

Malti Shah, a senior associate from our London office, comments on a High Court decision regarding the impact of provisions in related finance documents.

Germany: cash-flow insolvency

Leopold Bauer and Dr Daniel Kunz from our Düsseldorf office discuss a recent judgment of the German Federal Court of Justice clarifying when a debtor is deemed insolvent.