Recently, the Supreme Court of the United Kingdom released its judgment in BTI 2014 LLC v Sequana SA1. This marks the first occasion on which the nature, scope and content of directors' duties to creditors when a company is...more
While the timing of competing English and German insolvency applications in Re Galapagos1 allowed for clear determination of jurisdiction under the UK Insolvency Regulation, there remains potential uncertainty as to how...more
Pre-packaged administration sales (where a sale of key assets is agreed prior to the appointment of administrators and then implemented by the administrators immediately following their appointment), have been a widely-used...more
The economic impact of the COVID-19 pandemic led to a wave of creditor schemes of arrangement ("schemes") and restructuring plans ("RPs") in the second half of 2020, which shows no sign of abating in 2021. For the...more
All three institutions of the European Union have now approved the EU Preventive Restructuring Framework Directive. This is the EU's first attempt to "harmonise" insolvency laws across the Member States, that have disparate...more
1/28/2019
/ Creditors ,
Debt Restructuring ,
Debtors ,
Entrepreneurs ,
EU ,
EU Directive ,
European Commission ,
European Parliament ,
France ,
Germany ,
Harmonization Rules ,
Insolvency ,
Italy ,
Member State ,
New Legislation ,
Scheme of Arrangement ,
Spain ,
UK