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
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
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