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
The evolution of the English RP continues to push the jurisdictional envelope.
The English court’s sanction of the Sino-Ocean restructuring plan (RP) marks an interesting development in the evolution of the English RP....more
2/14/2025
/ Bankruptcy Court ,
Corporate Governance ,
Corporate Restructuring ,
Cramdown ,
Creditors ,
Debt Restructuring ,
Debtors ,
Forum Shopping ,
Hong Kong ,
Insolvency ,
Pari Passu ,
Regulatory Requirements ,
Restructuring ,
Shareholders ,
State-Owned Enterprises ,
UK ,
UK Insolvency Act
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
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
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