Actions brought against the BHS directors by the group’s liquidators have resulted in the largest reported award for wrongful trading since the provision’s introduction, but the judgment highlights some unsettled areas of the...more
Despite three recent landmark UK restructuring plan decisions, uncertainty remains around the value, if any, a plan company should offer dissenting creditors as the “deliverability price” of a plan....more
A recent ruling by the Hong Kong Court of Appeal has strengthened the robustness of keepwell deeds as enforceable English law governed obligations.
The Hong Kong Court of Appeal has unanimously upheld the appeals of the...more
The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take.
In October 2023, the UK’s Jurisdiction Taskforce (UKJT), which is made up of...more
With the finances of several UK water companies in the headlines, the UK has updated its special administration regime for the water industry to prioritise rescuing water companies as a going concern.
The UK water industry...more
A recent decision has helped to frame the tests articulated by the Supreme Court in Sequana.
The Supreme Court’s landmark decision in Sequana[2022] UKSC 25.leaves many unanswered questions, and finding a common thread...more
How would the Spanish court tackle the issues faced by the English Court of Appeal in Adler? Our analysis provides an instructive comparison for groups, shareholders, and creditors when considering where to restructure....more
3/25/2024
/ Bankruptcy Code ,
Commercial Bankruptcy ,
Debt Restructuring ,
EU ,
Insolvency ,
Liquidation ,
Member State ,
Priority Debt ,
Restructuring ,
Shareholders ,
Spain ,
Winding Down
The decision represents the first appellate-level ruling on the Part 26A regime.
On 23 January 2024, the Court of Appeal set aside the sanction of the Adler restructuring plan (RP) in the first appellate-level decision on...more
2/1/2024
/ Cramdown ,
Creditors ,
Debt Restructuring ,
Insolvency ,
Jurisdiction ,
Lenders ,
Liquidation ,
Pari Passu ,
Priority Debt ,
Restructuring ,
Shareholders ,
UK
The model law aims to maximise group-wide recoveries in an insolvency through cooperation and efficient administration.
The UK government has announced its intention to legislate to implement the UNCITRAL Model Law on...more
Two recent landmark decisions provide valuable guidance on this commonly used form of credit enhancement.
Keepwell deeds have in recent years grown into a common form of credit enhancement used by companies in mainland...more
7/6/2023
/ Bonds ,
China ,
Debt Instruments ,
Debt Restructuring ,
Enforceability ,
Exclusive Jurisdiction ,
Financial Instruments ,
Hong Kong ,
Liquidation ,
Popular ,
Subsidiaries
Third-Party Releases are common in English law schemes of arrangement and restructuring plans, and US courts have so far indulged that approach in granting recognition.
If Prospero’s plea to the audience at the...more
6/20/2023
/ Bankruptcy Code ,
Bankruptcy Court ,
Chapter 15 ,
Commercial Bankruptcy ,
Commercial Leases ,
Creditors ,
Debt Restructuring ,
Debtors ,
Due Process ,
Guarantors ,
Insolvency ,
Jurisdiction ,
Public Policy ,
Releases ,
Scheme of Arrangement ,
Secured Debt ,
Subrogation ,
Third-Party ,
UK
The Part 26A restructuring plan has introduced significant cross-class cramdown powers that may impact the defined benefit pension arrangements in the UK.
As the UK looks set to enter a new restructuring cycle, the...more
11/11/2022
/ Buyouts ,
Commercial Bankruptcy ,
Cramdown ,
Creditors ,
CVAs (Company Voluntary Arrangements) ,
Debt Restructuring ,
Defined Benefit Plans ,
Insolvency ,
Pension Schemes ,
Pensions ,
Scheme of Arrangement ,
UK Insolvency Act
In a new ruling, the UK Supreme Court concluded that the rule applies only when a company is “insolvent or bordering on insolvency”.
On 5 October 2022, the UK Supreme Court handed down judgment in BTI 2014 LLC v. Sequana...more
Judicial comments cast doubt on the ability to compromise US law-governed debt effectively based on Chapter 15 recognition alone.
A recent first instance decision in Hong Kong has relied upon the so-called rule in Gibbs...more