English High Court gives guidance on the so-called creditor duty where a company faces solvency-threatening claim
By Andrew Cooke and Richard Mendoza (Herbert Smith Freehills)
In a recent case, the High Court has had one of its first…
Overview of the Evolving Jurisprudence under the Indian Insolvency and Bankruptcy Code, 2016
By Nilang Desai, Urmika Tripathi, Kushagra Pandey, Aditya Bhadra Ray, Rashi Priya (AZB & Partners)
Background
The judiciary has played a vital role…
English Court of Appeal Overturns Adler Restructuring Plan
By Tom Smith, Adam Al-Attar, Daniel Bayfield, Ryan Perkins, and Annabelle Wang (South Square)
Re AGPS Bondco Plc (“Adler”)
The Court of Appeal (Nugee, Snowden LJJ and Sir Nicholas…
Navigating Post-Brexit: The Impact and Opportunities of the EU Proposed Insolvency Directive on Scottish Law
By Charles Ho Wang Mak (Robert Gordon University)
Introduction
Insolvency law is a cornerstone in maintaining economic stability and…
Argentina’s out-of-court restructuring proceedings (APE) after 20 years
By Tomás M Araya (BOMCHIL)
The legal framework
In Argentina, companies in distress seeking to restructure their financial obligations have the option to pursue:
an…
The EU Adaption of Important Chapter 11 Provisions
By Ken Baird, Katharina Crinson, Guilhem Bremond, Michael Broeders, Charlotte Ausema, Jan-Philip Wilde, Ana López, Silvia Angós, Mark Liscio and Samantha Braunstein (Freshfields Bruckhaus Deringer…
English High Court sanctions German real estate group’s “wind-down” restructuring plan
By Charles Balmain, Ben Davies, Christian Pilkington, John Rogerson, Cecily Higham, and Robbie Powell (White & Case LLP)
The English High Court has…
The international restructuring of Steinhoff under the Dutch WHOA
By Omar Salah and Jan de Wit (Norton Rose Fulbright)
Introduction
On 21 June 2023, the District Court of Amsterdam (the WHOA Court) granted its judgment in one of the largest…
No Double Dipping – Avianca Bankruptcy Court Demands that Foreign Creditors Drop Foreign Enforcement Proceedings at Risk of Having Bankruptcy Claims Disallowed
By Matthew Wargin and Jade Edwards (Mayer Brown LLP)
In a January 2023 opinion,[1…
English Court Approves First UK Restructuring Plan in Parallel to a European “Preventive Restructuring” Process
By Thomas Jemmett, Kate Stephenson, Mallika Abidi, Ken Au and Georgina Vale (Kirkland & Ellis International LLP)
At a Glance
The…