News & Analysis as of

Debt Restructuring

Jones Day

The Adler Aftermath: From Colombia to Germany, Junior Creditors Crammed and Compromised

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Following the seminal Adler judgment, the English Court has now ruled on a further two contested restructuring plans ("RPs"). These two judgments provide important commentary relevant to all parties considering or affected by...more

Jones Day

Adler: English Court of Appeal Overturns Restructuring Plan

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The Situation: The Adler Group sought to restructure more than €6 billion of debt by means of a UK restructuring plan ("RP"), to give itself a runway for a planned wind-down and asset sales, leading to an enhanced return for...more

Ballard Spahr LLP

CREFC Miami Takeaways

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Days two and three of the CREFC Conference in Miami were active for the Ballard Spahr Team, with the highlight being our annual reception attended by more than 220 guests. In follow-up to our day one summary alert, we wanted...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these market places and does not offer specific legal advice. This...more

Seward & Kissel LLP

Conn-tentious Plan, WeWorking the Angles, Party’s Over, and Ironing Out Some Issues

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Bankrupt Lordstown Motors proposes zero payment for Foxconn shares | Reuters - After successfully filing their Chapter 11 plan last week, Lordstown Motors has now proposed to pay nothing for Foxconn’s preferred equity...more

Katten Muchin Rosenman LLP

Tips for Dissenting Stakeholders Challenging a Cram Down (or Up)

This article considers the key issues a dissenting creditor or shareholder (Dissenting Stakeholder) should consider when challenging a UK Restructuring Plan (Plan) under Part 26A of the Companies Act 2006. For convenience,...more

Dechert LLP

Adler - English Court Sanctions Contentious Restructuring Plan of German Real Estate Company

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On 12 April 2023, the English High Court sanctioned a restructuring plan (the Plan) for Adler, a German real estate company. The Plan amends six separate series of senior unsecured German law-governed notes (the SUNs),...more

Conyers

Cayman Islands Restructuring: Getting Oriented With the New Regime – Part II

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On 11 November 2022, Mr Justice Kawaley ordered the first appointment of restructuring officers in Re Oriente Group Limited (FSD 231 of 2022) under the new Cayman Islands restructuring regime, with reserved written reasons to...more

International Lawyers Network

Bankruptcy, Insolvency & Rehabilitation Proceedings in Canada (Updated)

This guide offers an overview of legal aspects of bankruptcy, insolvency and rehabilitation in the requisite jurisdictions. It is meant as an introduction to these market places and does not offer specific legal advice. This...more

Conyers

Cayman Islands Restructuring: Getting Oriente-d With the New Regime

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On 11 November 2022, Mr Justice Kawaley ordered the first appointment of restructuring officers in Re Oriente Group Limited (FSD 231 of 2022) under the new Cayman Islands restructuring regime, with reserved written reasons to...more

McDermott Will & Emery

Value Investing Forum 2022 Interactive Case Studies: Hot Sectors in Value Investing

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In this session, Felicia Perlman, Partner & Head of McDermott’s Business Restructuring Practice Group, and Fred Levenson, Partner & Co-Head of McDermott’s Private Equity Practice Group, moderated a discussion that explored...more

Dechert LLP

Avoiding an Out-of-Court Restructuring May Breach Fiduciary Duties

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Introduction Under Delaware law, the board of directors of an insolvent company has wide latitude to pursue good-faith strategies to maximize the value of the firm. Trenwick Am. Litig. Tr. v. Ernst & Young, L.L.P., 906 A.2d...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 18th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 16th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 11th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 9th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 4th, 9:30 am - 10:15 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - March 2nd, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - February 25th, 9:30 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

Proskauer Rose LLP

[Ongoing Program] Private Credit Summit 2021 - February 23rd, 9:30 am - 10:15 am ET

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From February 23 – March 18th Proskauer will host its second annual Private Credit Summit. This interactive virtual event will bring together leaders in the Private Credit industry, including lenders, private equity firms,...more

K&L Gates LLP

COVID-19: UK Insolvency Reform - Standardising Company Voluntary Arrrangement Proposals

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EXECUTIVE SUMMARY - R3 Association of Business Recovery Professionals (R3), a trade association for the United Kingdom’s insolvency and restructuring industry, has launched a standard form proposal (Standard Form) for company...more

Cozen O'Connor

Overview of the Federal Income Tax Consequences of Defaults and Restructurings Under Loan Agreements

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Businesses of all types are facing many challenges and uncertainties as a result of the dramatic economic and social forces at work in our current economic environment. In many cases, one of those areas of uncertainty...more

Orrick, Herrington & Sutcliffe LLP

COVID-19 UK: Finance & Restructuring – Suspension Of Wrongful Trading And Protecting Directors From Personal Liability – Insight

Note: This Insight has been updated since originally published on March.24.2020 with the title "COVID-19 - Protecting Directors from personal liability during uncertain times". We are amid a black-swan event that is...more

Patterson Belknap Webb & Tyler LLP

Commonwealth Finds Common Ground: Deal with Bondholders May Be a Turning Point as Puerto Rico Seeks to Emerge in Early 2020

The Financial Oversight and Management Board for Puerto Rico (Oversight Board) announced Sunday that it had reached an agreement with bondholders regarding the terms of a plan of adjustment that would resolve $35 billion...more

K&L Gates LLP

New EU Restructuring Directive: Harmony in Troubled Times

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Introduction - Following recent proposed changes to UK restructuring and insolvency law, a new European Union (“EU”) directive concerning restructuring within EU Member States proposed by the European Commission...more

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