International restructuring and insolvency

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Latest Restructuring & Insolvency News

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

The following Dispute Resolution news provides comprehensive and up to date legal information on Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

Restructuring & Insolvency weekly highlights—15 April 2021

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Restructuring & Insolvency weekly highlights—15 April 2021

Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

The following Banking & Finance news provides comprehensive and up to date legal information on Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

The following Restructuring & Insolvency news provides comprehensive and up to date legal information on Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

Featured Restructuring & Insolvency content

Key elements of a standstill agreement

When restructuring is considered rather than formal insolvency proceedings (see Practice Note: Benefits of restructuring over formal proceedings) the...

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

Statutory declaration of solvencyA company enters voluntary liquidation when the members of the company vote to do so by a special resolution. For...

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to...

Effect of equitable, contractual and structural subordination

Senior creditors will ensure that in addition to having higher security rights over junior creditors, juniors are also subordinated to them.Generally...

Practice notes

US ipso facto clauses

Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...

Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan

Practice notes

Cashflow and balance sheet tests for insolvency

IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...

Produced in partnership with South Square 12th Jan

Practice notes

Covenant waivers and resets

One of the initial signs of distress is usually a covenant breach by the company. The lenders may agree to a simple waiver, which cures a temporary...

9th Nov

Practice notes

Loan to value covenants

This Practice Note looks at:•the key features of loan to value (LTV) covenants•possible issues with calling an event of default based on a LTV...

Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan

Practice notes

Proprietary claims

Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...

9th Nov

Practice notes

Effect of a moratorium in a company voluntary arrangement (CVA) on creditors and the company [ARCHIVED]

The Court of Appeal has made it clear in JCAM that a moratorium cannot be obtained through the back door by filing a notice of intention to appoint an...

Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan

Practice notes

Transactions defrauding creditors—claims under section 423 of the Insolvency Act 1986

It is possible for a claim to be brought under section 423 of the Insolvency Act 1986 (IA 1986) against a company or individual following a...

9th Nov

In-house

Practice notes

How to serve a demand for payment

A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...

Produced in partnership with James Hannant of Guildhall Chambers 12th Jan

Practice notes

Prohibited names under section 216 of the Insolvency Act 1986

The purpose of section 216 of the Insolvency Act 1986Section 216 of the Insolvency Act 1986 (IA 1986) is aimed at preventing phoenix companies from...

9th Nov

Practice notes

Insolvency set-off—the position under the Insolvency (England and Wales) Rules 2016

IntroductionSet-off refers to claims that may be set-off against other claims. A set-off is the right of one party, Party A, who is owed money by...

Produced in partnership with South Square and BDO LLP 12th Jan

In-house

Practice notes

Key features of securitisation and asset based lending

BrexitBREXIT: The UK is leaving the EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note....

9th Nov

Practice notes

US bankruptcy financing—debtor-in-possession (DIP) financing

DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...

Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan

In-house

Practice notes

Misfeasance claims under section 212 of the Insolvency Act 1986

What is a misfeasance claim under section 212 of the Insolvency Act 1986?Claims commenced under section 212 of the Insolvency Act 1986 (IA 1986) are...

9th Nov

In-house

Practice notes

Avoiding invalid floating charges under section 245 of the Insolvency Act 1986

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

9th Nov

Practice notes

Interim receivers

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

Produced in partnership with South Square and BDO LLP 12th Jan

Practice notes

Out-of-court administration appointments by a QFCH—the procedure

Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...

9th Nov

Most recent International restructuring and insolvency content

Practice notes

Table showing impact of Brexit on jurisdiction to commence insolvency/restructuring proceedings and obtain recognition in other EU Member States

Key dates31 January 2020—Exit Day and implementation period began under the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020).31 December...

16th Apr

Brexit

Practice notes

Enforcing foreign judgments—common law principles

This Practice Note considers the enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in...

Produced in partnership with Laurence Emmett 16th Apr

Practice notes

Applicable law—common law (contract)

This Practice Note sets out when the common law applies in respect of contract claims. It considers what the common laws are and how they are...

16th Apr

Practice notes

Rome Convention—introduction and interpretation

The UK is no longer bound by the Rome Convention, as a matter of international law, having left the EU. However, the substantive rules continue to...

15th Apr

Q&As

Is there any benefit in requiring a borrower to add a representation as to its centre of main interests (COMI) in loan agreements post IP completion day (ie post Brexit)?

Centre of main interests (COMI)COMI is an important concept under the EU Recast Regulation on Insolvency Proceedings (Regulation (EU) 2015/848)...

14th Apr

Brexit

Practice notes

Brexit—impact on administration

Status of the UKAs of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK...

14th Apr

Brexit

Practice notes

INSOL Europe/Lexis®PSL Joint Project on ‘How EU Member States recognise insolvency and restructuring proceedings of a third country’: consolidated table

Lexis®PSL are working with INSOL Europe on a joint project to obtain articles from INSOL Europe’s national correspondents in the EU Member States to...

13th Apr

Practice notes

Coronavirus (COVID-19) Tracker of insolvency reforms globally [Archived]

This Practice Note has been archived and is not maintained.This tracker is produced in partnership with INSOL Europe who have also produced a series...

13th Apr

COVID-19

Practice notes

Asset recovery—Greece—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to asset recovery in Greece published as part of the Lexology Getting the Deal Through...

9th Apr

Practice notes

Recast Regulation on Insolvency (Member State to Member State)—treatment of groups and group co-ordination proceedings

UK statusAs of exit day (31 January 2020) the UK is no longer an EU Member State. For a time, under the Withdrawal Agreement, the UK was in an...

9th Apr

Practice notes

List of EU member states and official languages for R&I lawyers [Archived]

From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no...

9th Apr

Practice notes

Asset recovery—Hong Kong—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to asset recovery in Hong Kong published as part of the Lexology Getting the Deal...

9th Apr

Practice notes

Restructuring and insolvency—Norway—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to restructuring and insolvency in Norway published as part of the Lexology Getting the...

9th Apr

Practice notes

Asset recovery—USA—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to asset recovery in USA published as part of the Lexology Getting the Deal Through...

9th Apr

Practice notes

Investigation and asset tracing for office-holders

Companies can find themselves victims of fraud or the vehicles for fraud perpetrated by management. In the former case, assets belonging to the...

Produced in partnership with Russell Hill of Squire Patton Boggs LLP and Mark Surguy of Weightmans LLP 9th Apr

Practice notes

Bermuda—setting aside transactions in the zone of insolvency

What are reviewable transactions? Payments, transfers of assets, and security transactions can be vulnerable to attack in the event of the company’s...

Produced in partnership with Kennedys, Bermuda 9th Apr

Practice notes

The transfer of assets between different jurisdictions under the Cross-Border Insolvency Regulations 2006, section 426 of the Insolvency Act 1986, and the Recast Regulation on Insolvency

Cases in which a transfer of assets may be orderedIt is increasingly the case that large-scale insolvencies have international dimensions. The company...

Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers and Philip Hinks of 3 Verulam Buildings 9th Apr

Practice notes

Distributions under US chapter 11

Overview of bankruptcy distribution prioritiesA chapter 11 debtor’s confirmed plan of reorganisation sets out the payments or distributions, if any,...

Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 9th Apr

Practice notes

Recast Regulation—which law applies [Archived]

From IP completion day onwards, this document is archived and is no longer maintained.Brexit impactAs of exit day (31 January 2020) the UK is no...

9th Apr

Practice notes

Restructuring and insolvency—France—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to restructuring and insolvency in France published as part of the Lexology Getting the...

9th Apr

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International restructuring and insolvency

View Restructuring & Insolvency by content type:

Latest Restructuring & Insolvency News

Claims arising from a fraudulent investment scheme resulting in corporate insolvency (Biscoe (as joint liquidators of Equitable Law Capital Ltd) v Milner)

Restructuring & Insolvency weekly highlights—15 April 2021

Comment—UK lenders square up to tricky task of clawing back Covid-19 loans

Changes to SIP 13 and SIP 16 and withdrawal of SIP 4

Featured Restructuring & Insolvency content

Key elements of a standstill agreement

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

The pari passu principle and collection remedies for the office-holder—the position under the Insolvency (England and Wales) Rules 2016

Effect of equitable, contractual and structural subordination

Most recent International restructuring and insolvency content

Popular documents

What is a statutory declaration of solvency, and what happens if a false declaration of solvency is made

The doctrine of res judicata

Insurance conduct regulation—COBS and ICOBS

Payment in lieu of notice (PILON)

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