Mark Johnson

Katten Muchin Rosenman LLP

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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

Debtors Must Continue to Consider English Restructuring Processes to Secure a Global Solution

Key Point The - UK government's proposals to only partially implement a new UNCITRAL Model Law means that creditors of English law debts who do not consent to a foreign restructuring proceeding will still have recourse to...more

8/3/2022 / Chapter 11 , Commercial Bankruptcy , Cross-Border Insolvency Regulations (CBIR) , Debt Financing , Debt Restructuring , Insolvency , UK , UK Insolvency Act , UK Supreme Court

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