Dominique Hodgson

Katten Muchin Rosenman LLP

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Latest Posts › Debt Restructuring

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English Law Creditors Bound by Irish Scheme of Arrangement

In a radical departure from settled case law, the English High Court has eroded the protections of English law creditors guaranteed by the Rule in Gibbs....more

10/9/2023 / Corporate Restructuring , Creditors , Debt Restructuring , Debtors , Insolvency , Ireland , Jurisdiction , Reorganizations , Scheme of Arrangement , UK

Intercreditor Distressed Disposal Provisions: Pragmatic Decision Provides Certainty for Stakeholders

Investors in LMA-based intercreditor agreements (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions (DD Provisions)....more

9/27/2023 / Creditors , Debt Restructuring , Distressed Debt , Insolvency , Lenders , Restructuring , UK

UK Supreme Court Confirms Creditor Duty in Zone of Insolvency: BTI v Sequana

Key Points - - The UK Supreme Court has affirmed directors' duty to consider creditors' interests. - The timing for the duty to be engaged is pushed back to when a company is bordering on insolvency. - Once the...more

10/11/2022 / Board of Directors , Commercial Bankruptcy , Creditors , Debt Financing , Debt Restructuring , Insolvency , Shareholders , UK , UK Insolvency Act , UK Supreme Court

Guidance for Insolvency Practitioners: Financial Conduct Authority's Update on Regulated Firm Restructurings and Insolvencies

On Thursday, 22 September 2022, the UK Financial Conduct Authority (FCA) held a webinar and Q&A session aimed at clarifying the FCA's expectations of office holders, lawyers and consultants navigating insolvencies and...more

10/6/2022 / Debt Financing , Debt Restructuring , Debtors , Financial Conduct Authority (FCA) , Financial Institutions , Financial Services Industry , Insolvency , UK , UK Insolvency Act

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