International restructuring and insolvency

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Practice notes
Ipso facto clauses definedContracts often contain provisions to the effect that the contracts will terminate upon the bankruptcy or insolvency of one...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
IntroductionThis Practice Note will give a basic overview of the applicable tests for cashflow and balance sheet insolvency under section 123 of the...
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Produced in partnership with South Square 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with Alexander Pelopidas, James Walton and Matthew Brew of Rosling King LLP 12th Jan
Practice notes
Creditors are often keen to establish proprietary claims as they create rights in rem (which attach to the property itself) rather than personal...
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9th Nov
Practice notes
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...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
A demand for payment is a formal demand made in accordance with the contractual requirements underpinning the liability which the party issuing the...
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Produced in partnership with James Hannant of Guildhall Chambers 12th Jan
Practice notes
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...
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9th Nov
Practice notes
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...
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Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
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....
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9th Nov
Practice notes
DIP financing generallyDebtor-in-possession financing (DIP financing) is new, post-petition financing provided to a debtor in a bankruptcy case. The...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 12th Jan
Practice notes
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...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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Produced in partnership with South Square and BDO LLP 12th Jan
Practice notes
Coronavirus (COVID-19)This content contains guidance on subjects impacted by the Coronavirus Act 2020 and related changes to court procedures and...
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9th Nov

Most recent International restructuring and insolvency content

Practice notes
Key dates31 January 2020—Exit Day and implementation period began under the European Union (Withdrawal Agreement) Act 2020 (EU(WA)A 2020).31 December...
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16th Apr
Practice notes
This Practice Note considers the enforcement of foreign judgments applying common law. It explains the requirement for new enforcement proceedings in...
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Produced in partnership with Laurence Emmett 16th Apr
Practice notes
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...
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16th Apr
Practice notes
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...
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15th Apr
Q&As
Centre of main interests (COMI)COMI is an important concept under the EU Recast Regulation on Insolvency Proceedings (Regulation (EU) 2015/848)...
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14th Apr
Practice notes
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...
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14th Apr
Practice notes
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...
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13th Apr
Practice notes
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...
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13th Apr
Practice notes
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...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
This Practice Note contains a jurisdiction-specific Q&A guide to restructuring and insolvency in Norway published as part of the Lexology Getting the...
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9th Apr
Practice notes
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...
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9th Apr
Practice notes
Companies can find themselves victims of fraud or the vehicles for fraud perpetrated by management. In the former case, assets belonging to the...
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Produced in partnership with Russell Hill of Squire Patton Boggs LLP and Mark Surguy of Weightmans LLP 9th Apr
Practice notes
What are reviewable transactions? Payments, transfers of assets, and security transactions can be vulnerable to attack in the event of the company’s...
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Produced in partnership with Kennedys, Bermuda 9th Apr
Practice notes
Cases in which a transfer of assets may be orderedIt is increasingly the case that large-scale insolvencies have international dimensions. The company...
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Produced in partnership with Lexa Hilliard QC of Wilberforce Chambers and Philip Hinks of 3 Verulam Buildings 9th Apr
Practice notes
Overview of bankruptcy distribution prioritiesA chapter 11 debtor’s confirmed plan of reorganisation sets out the payments or distributions, if any,...
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Produced in partnership with Liz Downing of Skadden Arps Slate Meagher & Flom LLP 9th Apr
Practice notes
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...
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9th Apr
Practice notes
This Practice Note contains a jurisdiction-specific Q&A guide to restructuring and insolvency in France published as part of the Lexology Getting the...
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9th Apr

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