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
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