The Court of Appeal has reversed the sanction of the Petrofac group’s restructuring plans and allowed the appeal of two dissenting unsecured creditors.Re Petrofac Limited and Petrofac International (UAE) LLC [2025] EWCA Civ...more
7/8/2025
/ Appeals ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Companies Act ,
Corporate Restructuring ,
Creditors ,
Debt Restructuring ,
Insolvency ,
Joint Venture ,
Reversal ,
Secured Debt ,
UK ,
Unsecured Debt
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
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
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