News & Analysis as of

Creditors Insolvency

Blake, Cassels & Graydon LLP

Landing in a Safe Harbour: Five Takeaways From the Red Lobster Cross-Border Restructuring

In May 2024, Red Lobster Management LLC (RL Management) and fourteen of its affiliates (collectively, Red Lobster), including Red Lobster Canada Inc. (Red Lobster Canada), commenced proceedings in the United States Bankruptcy...more

A&O Shearman

Not just another drop in the ocean: Thames Water and developments in restructuring plans since Adler

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In this alert, we take a look at some of the principal points arising from the Court of Appeal’s judgment in respect of the Thames Water restructuring plan, as well as the broader state of play for restructuring plans in the...more

Jones Day

Revisiting Singapore's Corporate Restructuring and Insolvency Regime: Cross-Class Cramdown in Schemes of Arrangement

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On March 11, 2025, the Committee to Enhance Singapore's Corporate Restructuring and Insolvency Regime (the "Committee") published a report (the "Report") outlining its recommendations to further enhance and modernize...more

Orrick, Herrington & Sutcliffe LLP

Colorado enacts its Voidable Transactions Act

On April 7, Colorado enacted SB 25-133, titled the Colorado Voidable Transactions Act, which amended and renamed the statute formerly known as the “Colorado Uniform Fraudulent Transfers Act.” The Act originally created a...more

Morgan Lewis

Indian Aviation and Cape Town: Part I

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In this first installment of a multipart series, we explore the historical landscape that has led to significant regulatory development in Indian aviation. Part II will discuss how The Protection of Interest in Aircraft...more

K&L Gates LLP

Confirmation of the Territorial Scope of the Collateral Law

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Key Takeaway - Luxembourg’s law of 5 August 2005 on financial collateral arrangements, as amended (Collateral Law 2005), continues to offer strong safe-harbor protections for financial collateral arrangements and is now...more

Blake, Cassels & Graydon LLP

La Cour d’appel de l’Alberta se prononce sur une fiducie par interprétation et une ordonnance de dévolution inversée

Le 20 février 2025, la Cour d’appel de l’Alberta (la « CAA ») a publié sa décision dans l’affaire Henenghaixin Corp v. Long Run Exploration Ltd (l’« affaire Henenghaixin ») rejetant une demande d’autorisation d’interjeter...more

Hogan Lovells

Restructuring Plans: how to plan for an exit

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An earlier version of this article appeared in Estates Gazette. Over the last 18 months we have seen a number of retailer restructuring plans, which have rewritten landlords’ leases and imposed sweeping rent cuts, whilst...more

Paul Hastings LLP

English Court Approves Enzen Part 26A Restructuring Plans in First Case With HMRC Active Support

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On 25 March 2025, the English Court approved the interconditional dual restructuring plans of Enzen Global Limited and Enzen Limited (Enzen). The plans amend and extend £50 million senior secured liabilities, provide for new...more

Blake, Cassels & Graydon LLP

Insolvabilité au Canada : Principaux développements et tendances émergentes

Plusieurs décisions judiciaires notables qui sont pertinentes pour les prêteurs commerciaux, les entreprises et les professionnels de l’insolvabilité ont marqué l’année 2024. Le présent bulletin résume les principaux...more

K&L Gates LLP

Corporate Debtors and Transactions at an Undervalue–Lessons From the UK Supreme Court: El-Husseini and Another v Invest Bank PSC

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The UK Supreme Court’s recent decision in El-Husseini and another v Invest Bank PSC [2025] UKSC 4 has clarified the circumstances in which section 423 of the Insolvency Act 1986 (the Act) provides protection against attempts...more

Troutman Pepper Locke

What Is a Chapter 15 Bankruptcy and How is It Different from a Chapter 11 Case? - Creditor’s Rights Toolkit

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Chapter 15 of the Bankruptcy Code is a mechanism for debtors to have foreign insolvency proceedings recognized in the U.S. and to have the orders entered by a foreign court in those insolvency proceedings abroad given effect...more

Morris James LLP

Proactive Steps for Creditors Facing a Customer’s Bankruptcy: Key Takeaways from ALFA International 2025

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When a customer or business partner files for bankruptcy, creditors often feel uncertain about their rights and financial exposure. At the ALFA International 2025 International Client Seminar, I had the opportunity to speak...more

Hendershot Cowart P.C.

Receiverships in Texas: An Overlooked Option for Complex Dispute Resolution

Hendershot Cowart P.C. on

Receivership is often considered when other remedies would be inadequate, providing a flexible alternative to more rigid legal processes like traditional litigation. It's particularly valuable when parties are unable to...more

Ward and Smith, P.A.

Entitled to Stay Relief? Prove it.

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For example, you make a commercial real estate loan and record your deed of trust. The borrower pays you for a time but then defaults.  You tried loan forbearance and modification, but it was unsuccessful. The borrower falls...more

Blake, Cassels & Graydon LLP

Constructive Trust Claim Dismissed As Court Backs Reverse Vesting Order

On February 20, 2025, the Alberta Court of Appeal released its decision in Henenghaixin Corp v. Long Run Exploration Ltd, dismissing an application for leave to appeal a decision rendered in the Companies’ Creditors...more

Blake, Cassels & Graydon LLP

Canadian Insolvency: Key Developments and Emerging Trends

Several significant judicial decisions occurred in 2024 that are relevant to commercial lenders and businesses as well as restructuring professionals. This bulletin summarizes the key developments of 2024 and highlights areas...more

Pillsbury Winthrop Shaw Pittman LLP

U.S. Bankruptcy Court Agrees to Enforce English Three-Step, with Third-Party Releases, Used by Mexican Auto Financer

Manipulation of “center of main interest” to secure UK bankruptcy venue does not bar chapter 15 recognition so long as creditors are not disadvantaged. On February 24, 2025, U.S. Bankruptcy Judge Michael E. Wiles granted...more

Nelson Mullins Riley & Scarborough LLP

Involuntary Bankruptcy: Often Discussed, Infrequently Used

I am commonly asked by clients and other lawyers who are frustrated by typical collection efforts if we can place the would-be debtor into an involuntary bankruptcy.  The short answer is, yes, it is often possible to place a...more

BCLP

“Dividing Line” in Public Policy - Insolvency and Arbitration

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A creditor commences winding-up proceedings against a debtor company on the basis that the company is insolvent. The petition debt relates to a dispute within the ambit of the arbitration agreement between the creditor and...more

Carey Olsen

The interplay between insolvency and arbitration proceedings: an insight into developments across jurisdictions

Carey Olsen on

Arbitration clauses are commonly found in commercial contracts. However, tricky issues arise when a company subsequently seeks an order for winding up, particularly in circumstances where the facts relied on in support of the...more

Blake, Cassels & Graydon LLP

Chapitre 11 et LACC – Comparaison transfrontalière

Navigating the complexities of cross-border bankruptcy and insolvency proceedings can be daunting for international businesses. This demystifying guide compares Chapter 11 of the U.S. Bankruptcy Code and Canada’s Companies’...more

Walkers

Jersey – Creditor-Driven Winding up Regime in Jersey

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Changes to the Companies Law in 2022 have increased the options available to creditors of insolvent Jersey companies - A creditor is now able to apply to the Jersey Court to wind up a company a liquidated claim against a...more

Dechert LLP

Setting Aside Transactions at an Undervalue: Easier Said Than Done?

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UK Supreme Court decision reaffirms that debtors cannot use corporate structures and the principle of separate corporate legal personality to avoid obligations to their creditors. Transactions at an undervalue made by a...more

Seward & Kissel LLP

Mortimer—We’re Back, Fabric of Our Lives, and Jump-Start (My Heart)

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Purdue's new Ch. 11 plan sidesteps nonconsensual releases | Law360 - Mediators in the Purdue Pharma bankruptcy case reported that the revised settlement no longer includes nonconsensual third-party releases....more

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