Joshua Kieran-Glennon

Solicitor, McCann FitzGerald LLP

Joshua Kieran-Glennon is an Associate in the firm’s Restructuring and Insolvency Group, having qualified as a solicitor in 2024. He is based in the firm’s New York Office

Together with the wider group, he advises insolvency practitioners, debtors and creditors in liquidation, receivership and examinership scenarios, as well as in associated litigation. Joshua has a particular interest in cross-border restructuring matters, and has acted in a number of international restructuring processes with an Irish nexus.

Joshua’s recent experience includes advising a major international airline on Irish aspects of its restructuring by way of a US Chapter 11 process, the liquidator of a large financial institution from which more than €56 million of client assets were misappropriated, and the examiner in a complex and high-profile examinership before the High Court in Dublin. He is also advising joint receivers appointed to a large portfolio of commercial real estate in respect of ongoing litigation arising in the course of their appointment.

Joshua is a graduate of the Sutherland School of Law at University College Dublin, and also holds an LLM from Harvard Law School, where he focused on commercial and restructuring matters.

Contributed to

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Ireland—Cross-border restructuring

Practice Notes

Overview of key Irish restructuring processesThe Companies Act 2014 (Ireland) (CA 2014 (IRL)) provides for three principal formal restructuring processes:•Examinership (CA 2014 (IRL), Pt 10)•the Small Companies Administrative Rescue Process (SCARP) (CA 2014 (IRL), Pt 10A), and•Schemes of arrangement (CA 2014 (IRL), Pt 9)This Practice Note gives only brief treatment to SCARP, which has not been, and is unlikely to be, relevant in a cross-border context. For guidance on SCARP, see Practice Note: Ireland—Small companies administrative rescue process (SCARP).This Practice Note does not discuss the UN Commission on International Trade Law (UNCITRAL) Model Law on cross-border Insolvency as it has not been implemented by Ireland.For guidance on the UNCITRAL Model Law on cross-border insolvency, see: UNCITRAL Model Laws—overview.For guidance on EU level rules relating to restructuring and insolvency, see: Restructuring and insolvency (EU Law)—overview.ExaminershipExaminership is a process available to debtors who are either unable, or likely to become unable to pay their debts as they fall due. It is a debtor-in-possession

Ireland - Dispute Resolution

Ireland—Advancing a claim against a party in financial difficulty—checklist

Checklists

This Checklist sets out a number of considerations that a dispute resolution lawyer might wish to keep in mind when advising a client who is commencing or pursuing a claim against a party in financial difficulty.Claims against a defendant in financial difficultyClaims against parties in financial difficulty face a number of challenges, which require consideration prior to issuing proceedings. Is the prospective defendant in an insolvency process, which necessitates additional process prior to issuing or progressing proceedings? Does the prospective defendant have sufficient assets against which any judgment obtained can ultimately be enforced? If so, where would any judgment rank vis-à-vis the claims of the prospective defendant’s other creditors? Each of these issues should be addressed before a claim is issued.Initial considerationsIssueConsiderationsHow might I establish whether a (potential) defendant is in financial difficulty and/or insolvent?There are various searches that can be carried out to ascertain whether an individual or corporate defendant has formally entered into an insolvency process. In respect of individual defendants,

Ireland - Dispute Resolution