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Lenders Insolvency

Hogan Lovells

Unlocking Private Credit in Vietnam: Opportunities and Challenges

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Key takeaways Private Credit in Vietnam- opportunities and challenges. A significant development in the Vietnam investment landscape in recent years which facilitates the deployment of capital has been the emergence of...more

White and Williams LLP

Of Whiskey and Martha’s Vineyard Realty:  Federal Receivership Ordered for Fast Growing Uncle Nearest Brand

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Companies facing financial difficulties often utilize Chapter 11 to help effectuate a restructuring or sale as part of a case filed in the United States Bankruptcy Court. In other instances, a company’s lender – impatient...more

Kerr Russell

Restructuring and Insolvency Options for Distressed Businesses in Uncertain Times

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Tariffs to the left of me, uncertainty to the right. To paraphrase the 1970’s rock song, an owner of a distressed business must feel stuck in the middle in a world of shifting governmental policies and an ever-changing...more

J.S. Held

Maintaining Private-Equity Involvement and Funding When Their Initial Investment Is Underwater

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Private-equity (PE) involvement in distressed companies has grown more complex than ever. As market headwinds persist, performance deteriorates, valuations shrink or a company faces a wall of debt maturities, turnaround...more

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

Pillsbury Winthrop Shaw Pittman LLP

Floating Charges Under English Law and Their U.S. Counterparts: A Comparative Insight for Cross-Border Lenders

Creditors under English law can take many forms of security, including fixed charges, mortgages and assignments. One of the more unique features of English security is the floating charge. The English legal system...more

Stark & Stark

Del Monte Foods Canned - Files Chapter 11 Bankruptcy in New Jersey

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Del Monte Foods and numerous affiliates (“Del Monte”) filed voluntary petitions for Chapter 11 bankruptcy protection in the District of New Jersey on July 1st (Case No. (Case no. 25-16984). Del Monte is one of the country’s...more

Nelson Mullins Riley & Scarborough LLP

What to Know About the Receivership Process

As financial pressures mount across industries—from real estate to retail to private equity—lenders, investors, and other stakeholders are increasingly turning to receiverships as an alternative to bankruptcy. A receivership...more

Harris Beach Murtha PLLC

Lender Considerations in Deed-in-Lieu Transactions

When a commercial mortgage lender sets out to enforce a mortgage loan following a borrower default, a key goal is to identify the most expeditious manner in which the lender can obtain control and possession of the underlying...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

Herbert Smith Freehills Kramer

HSF Kramer Bankruptcy & Restructuring Group Global reach, local knowledge

Debtors and creditors have options when choosing where to pursue a restructuring – particularly with operations across jurisdictions and debt instruments issued under different laws. Local knowledge is key to navigate those...more

Morgan Lewis

Indian Aviation and Cape Town: Part II

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In Part I of this series, we explored the historical landscape that led to significant regulatory development in Indian aviation and the passage of the Protection of Interest in Aircraft Objects Bill, 2025. In Part II, we...more

Seward & Kissel LLP

Re-Volting, Short Circuit, and Seed of Doubt

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Li-Cycle files for bankruptcy, seeks protection for facilities in Greece | WXXI News - Li-Cycle filed a chapter 15 in the Southern District of New York on Wednesday to support its Canadian CCAA proceeding. The...more

Poyner Spruill LLP

A Lender’s Introduction to Fraudulent Conveyances: What They Are and How to Prevent

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Lenders extend loans with the belief that if a borrower fails to make debt service payments, the lender can sell the underlying collateral and recoup the outstanding balance of the loan.  However, bankruptcy courts have the...more

A&O Shearman

Navigating private credit in Türkiye

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Türkiye is fast emerging as an increasingly attractive destination for private credit providers looking to deploy capital and diversify their portfolios. Despite this growing interest, relative to its size as the seventh...more

Blake, Cassels & Graydon LLP

Landing in a Safe Harbour: Five Takeaways From the Red Lobster Cross-Border Restructuring

In May 2024, Red Lobster Management LLC (RL Management) and fourteen of its affiliates (collectively, Red Lobster), including Red Lobster Canada Inc. (Red Lobster Canada), commenced proceedings in the United States Bankruptcy...more

A&O Shearman

Not just another drop in the ocean: Thames Water and developments in restructuring plans since Adler

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In this alert, we take a look at some of the principal points arising from the Court of Appeal’s judgment in respect of the Thames Water restructuring plan, as well as the broader state of play for restructuring plans in the...more

Morgan Lewis

Indian Aviation and Cape Town: Part I

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In this first installment of a multipart series, we explore the historical landscape that has led to significant regulatory development in Indian aviation. Part II will discuss how The Protection of Interest in Aircraft...more

Morris James LLP

Proactive Steps for Creditors Facing a Customer’s Bankruptcy: Key Takeaways from ALFA International 2025

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When a customer or business partner files for bankruptcy, creditors often feel uncertain about their rights and financial exposure. At the ALFA International 2025 International Client Seminar, I had the opportunity to speak...more

A&O Shearman

Time is an illusion. Lunchtime doubly so*

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The court reassures lenders on the effect of a termination notice, the meaning of a continuing Event of Default and the effectiveness of reservation of rights letters: Re Pocket Renting. Appointment of administrator...more

Mintz

Watch Your Language! Non-Pro Rata Uptier Transactions and the Serta and Mitel Decisions

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Among the many financial innovations that came out of the COVID era, non-pro rata uptier transactions as a liability management exercise (“LMEs”) are among the more controversial. While lawsuits challenging non-pro rata...more

Stinson LLP

Trump's First 100 Days: Bankruptcy & Creditors' Rights

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During his campaign, President-elect Donald Trump indicated he would make major policy changes with significant impact within the agricultural, international trade, health care, financial and energy sectors. As is common with...more

Shumaker, Loop & Kendrick, LLP

Client Alert: Critical Vendor in Texas: It’s a Rodeo

In Chapter 11 cases, one of a vendor’s best shots at getting paid its pre-petition debt is being designated as a “critical vendor”....more

J.S. Held

Lending Climate in America – 1st Quarter 2024 Survey

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With inflation continuing to impact the US economy, lenders are focused on the economic impact of the presidential election in November. Lenders’ expectations for the US economy’s performance in the longer term – beyond the...more

Jones Day

Adler: English Court of Appeal Overturns Restructuring Plan

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The Situation: The Adler Group sought to restructure more than €6 billion of debt by means of a UK restructuring plan ("RP"), to give itself a runway for a planned wind-down and asset sales, leading to an enhanced return for...more

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