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Tag Archives: Restructuring

Watch What You Write: Communications on Personal Devices Could Be Disclosable in Litigation

By Tom Evans, David Walker, Daniel Smith, Aisling Billington, and Catherine Campbell The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. However, high levels of litigation driven by the COVID-19 pandemic (including insolvency … Continue Reading

The Smile Telecoms Restructuring Plan: A Closer Look

A restructuring plan completed earlier this year by Smile Telecoms notches up a number of firsts. By James Chesterman and Tom Davies African telecommunications provider Smile Telecoms Holding Limited, incorporated in Mauritius, successfully completed a restructuring plan (the Plan) under Part 26A of the UK Companies Act 2006 at the end of March 2021. The … Continue Reading

2019 Is Different From 2008: 4 European Restructuring Developments for Private Equity Firms to Consider

Persisting political and economic uncertainty means awareness of market changes remains crucial. By Simon Baskerville, Tom Evans, David Walker, Stephanie Dellosa, and Catherine Campbell The 2008 distress cycle triggered defaults and restructurings for European PE portfolio companies, as maintenance covenant defaults and balance sheet deleveraging forced refinancings and debt-for-equity swaps. While restructuring conditions for PE firms are … Continue Reading

Directors Beware: UK Court of Appeal Ruling Clarifies Creditors’ Abilities to Challenge

The court offers guidance on reversing lawful dividend payments and when directors need to take into account creditors’ interests. By Simon J. Baskerville, Daniel Smith, Anna Hyde, Lisa Stevens, and Vanessa Morrison On 6 February 2019, the UK Court of Appeal published a judgment in BTI v. Sequana that will impact both creditors and directors … Continue Reading

Scheme of Arrangement: Lessons From Bibby Offshore to DTEK

By John Houghton and Marc Hecht Latham lawyers, John Houghton and Marc Hecht, discuss insights gained from Latham’s work on major schemes of arrangement over the past few years, including Bibby Offshore, PrivatBank, DTEK, and Avangardco. The Debtwire podcast covers many of the scheme considerations stakeholders face, with particular reference to DTEK’s hat-trick of schemes … Continue Reading

High Court Decision in Norske Skog: Puh! (Norwegian for Phew!)

Ruling confirms majority noteholder should not be disenfranchised from voting By Simon J. Baskerville, Sophie J. Lamb QC, Bradley J. Weyland, and Eleanor M. Scogings The English High Court held that it had jurisdiction in a cross-border dispute involving the Norske Skog group (Norske Skog), and confirmed that a majority noteholder did not “control” the … Continue Reading

UK Restructuring Scheme Case Study: Guiding Bibby Offshore Into Safe Waters

UK-based offshore and subsea oil & gas services company solidifies its position and completes ownership transfer to noteholders in major company milestone. By John Houghton and Marc Hecht The recent Bibby Offshore recapitalisation[1] is as fair and equitable a restructuring as the media has seen, offering creditors an example of what an effective restructuring requires. This … Continue Reading

Changes to Italian Banking Law Promotes Creditor-Friendly Bankruptcy and Restructuring

By Andrea Novarese, Marcello Bragliani, Antonio Distefano and Davide Rallo The so called “Banks Decree” Decree (Law Decree no. 59/2016, hereinafter the “Decree”), published on the Official Gazette and converted into Law no. 199/2016, has recently entered into force. The main purpose of the Decree is to grant a partial reimbursement to investors of few local … Continue Reading

‘Fit for 50’ – Restructurings Likely as Oil Industry Enters New Normal

By Simon Tysoe Prior to the recent collapse in oil values, prices existed at over $100 a barrel for over three years. It made the economics of oil exploration, production and sale comparatively straightforward, but embedded costs into the industry. More recently, a dip in demand and Saudi Arabia’s decision to maintain its production levels … Continue Reading

Spain’s Improved Insolvency Regime Gains Momentum

By Ignacio Pallares Recent piece-meal amendments to the Spanish Insolvency Act 2003 seem to have cumulated into a restructuring solution that is starting to be considered predictable, quick and fair, especially when compared to the pre-amendment system. With its new restructuring approach, which shares many of the same characteristics as an English Scheme of Arrangement, … Continue Reading

A New Wave of CIS Restructurings Poses Unique Challenges

By Ragnar Johannesen While the CIS nations have recently provided a multitude of sizeable restructuring cases, the region’s dominant force, Russia, has stood up reasonably well to lengthy economic decline, economic sanctions and the collapse of oil and gas prices. There are now signs however, that its complex troubles are pushing certain companies towards a … Continue Reading

European Restructuring Landscape Improves with Multiple Reforms

By Herve Diogo Amengual, Frank Grell, Helena Potts and Andrea Novarese In light of the UK’s cram down and director-friendly processes, in particular its scheme of arrangement model, major European economies such as France, Germany and Italy have worked hard to develop regimes that give greater emphasis to pre-insolvency alternatives. These new regimes create cram down … Continue Reading
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