News & Analysis as of

Insolvency Financial Distress Debt Restructuring

Hogan Lovells

Out of the money, but not down and out: UK Court of Appeal overturns Petrofac restructuring plans

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On 1 July 2025, the Court of Appeal handed down its judgment overturning the twin restructuring plans proposed by Petrofac Limited and Petrofac International (UAE) LLC under Part 26A of the Companies Act 2006 (the plans)....more

Ropes & Gray LLP

European restructuring in 2025: four trends shaping the legal landscape

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At the GRR: Women in Restructuring 2025 conference, leading practitioners dissected the year’s most significant developments in global insolvency and restructuring. Here, we distill the essential legal and market insights...more

Nelson Mullins Riley & Scarborough LLP

Bankruptcy Refresher: What Business Leaders Should Know as Corporate Filings Increase

As economic pressures mount—higher interest rates, tighter credit, rising labor and material costs—experts warn of a potential surge in corporate bankruptcies. Bankruptcy filings through the first quarter of 2025 are already...more

IR Global

How proactive restructuring can save your business

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Financial difficulties can creep up on a business when least expected. Whether it’s due to market shifts, unexpected costs, or operational setbacks, many businesses find themselves at a crossroads: How do we turn this around...more

Polsinelli

3rd Quarter 2024 Chapter 11, Healthcare, and Real Estate Distress Indices

Polsinelli on

Welcome to the 3rd Quarter 2024 Report for the Polsinelli | TrBK Distress Indices. The indices use filtered Chapter 11 filings as a proxy for distress in the overall U.S. economy and certain subsectors....more

Opportune LLP

Financial Distress Solutions: Expert Advice for Businesses

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Imagine your business steadily climbing the ladder of success when a misstep in the market suddenly leads to a financial stumble. Assets underperform, capital markets dry up, and cash flows dwindle, causing financial...more

Mayer Brown

Challenging Times Ahead For Brazilian Companies And Investors

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Brazil has been the single largest recipient of foreign direct investment in Latin America for some time due to its size (7th largest economy and 2nd biggest population in the western hemisphere), its wealth of natural...more

K&L Gates LLP

UK Company Restructuring Plans: What Is Next After Adler?

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The England and Wales Court of Appeal recently handed down its first judgment relating to a restructuring plan under Part 26A of the UK Companies Act 2006: Re AGPS Bondco Plc [2024] EWCA Civ 24. Restructuring plans were a...more

Orrick, Herrington & Sutcliffe LLP

La sentenza del Tribunale UE che ha annullato il provvedimento di amministrazione straordinaria nei confronti di Banca Carige.

Il presente focus si propone di analizzare la recente sentenza del 12 ottobre 2022 con la quale il Tribunale UE ha annullato il provvedimento mediante cui la BCE aveva avviato la procedura di amministrazione straordinaria nei...more

White & Case LLP

The Insolvency Code: perfect timing for a new legal framework for distressed companies

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On 12 January 2019, the Italian Government enacted Legislative Decree No. 14 (so called "business crisis and insolvency code (codice della crisi d’impresa e dell’insolvenza)", which entered into force on 15 July 2022 (the...more

BCLP

Distressed Hotels in France

BCLP on

In 2019, the French hospitality industry reached an unprecedented amount of transactions with a total volume of 4.4 billion euros compared to 1.8 billion euros in 2018, which included a large distress transaction completed by...more

K&L Gates LLP

The Position of Directors of Financially Distressed Companies

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The UK Supreme Court has delivered its long awaited judgment in BTI v Sequana. It considers if and when directors of a financially distressed company incorporated in England and Wales have a duty to consider, or to act in...more

Latham & Watkins LLP

Restructuring with Regulators: Where Law and Policy Collide

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Balancing the urgency of delivering a restructuring with regulatory requirements in a regulated sector. Restructuring a company in a regulated sector is always challenging. Navigating directors’ duties is difficult...more

Hogan Lovells

Negotiated settlements: New opportunities for Italian distressed businesses?

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The conversion into statute on 23 October 2021 of the so-called Business Distress Bill adds new provisions to those recently adopted by the Italian government to address corporate distress following the COVID-19 pandemic, to...more

Latham & Watkins LLP

Restructuring and Insolvency in Hong Kong

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In Hong Kong, the statutory framework for regulating the affairs of insolvent companies is found in the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) (the “C(WUMP)O”) and the Companies (Winding Up)...more

Cadwalader, Wickersham & Taft LLP

Summer's Coming, May 2021 | Issue No. 24A - Further Blow to the Landlords? The Virgin Active Case and the New Restructuring Plan...

It’s not news that the COVID-19 pandemic has exacerbated losses in sectors that are reliant on footfall − namely, the retail and leisure industry. Prior to the pandemic, the general weakness in the “bricks and mortar” retail...more

Latham & Watkins LLP

How will StaRUG help German companies address the impact of COVID-19?

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Looking back at the last few months, the COVID-19 pandemic has hit many companies hard and amplified disruptive trends in various sectors. In addition to other measures to address COVID-19 impact on businesses, Germany has...more

Jones Day

Directors' Duties—A European Overview: Financial Distress and COVID-19 - November 2020

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A company or group's financial distress causes significant turmoil for its owners, directors, managers, employees and often its suppliers and other creditors. For directors in particular, there are significant...more

Goodwin

The Return of Crown Preference on 1 December, 2020

Goodwin on

The return of Crown Preference on 1 December, 2020 has widely united the restructuring community against the new measures. Whilst the rationale that the Treasury should have priority for sums received by a debtor on its...more

Dorsey & Whitney LLP

COVID-19: UK Insolvency and Restructuring

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At the present time, due to the global outbreak of Covid-19 and the international response to it, many otherwise economically viable UK businesses find themselves subject to considerable financial pressure. There are a...more

Jones Day

Directors' Duties—An Italian Overview: Tough Decisions Amid COVID-19 Emergency Legislation

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Italian COVID-19 legislation, with the aim of keeping companies alive by providing them with a short-term alternative to dissolution, provides for the suspension of (i) certain directors' obligations triggered by substantial...more

McDermott Will & Emery

[Webinar] Hospital & Health System Recovery: Addressing Economic Distress and Identifying Growth Opportunities - May 27th, 12:00...

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With COVID-19 applying financial pressures on hospitals and health systems of all sizes and geographic reach, the road to recovery presents a variety of challenges. However, the need to restructure and address financial and...more

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