UK, Appeals, Debtors

Courts Split Over Requirement for Chapter 15 Jurisdiction in the U.S.

Patterson Belknap Webb & Tyler LLP on 4/26/2024

To file bankruptcy in the U.S., a debtor must reside in, have a domicile or a place of business in, or have property in the United States. 11 U.S.C. § 109(a). In cross border chapter 15 cases, courts have considered whether...more

Adler: English Court of Appeal Overturns Restructuring Plan (UPDATE)

Jones Day on 3/27/2024

On January 23, 2024, the Court of Appeal in England and Wales (the "Appeal Court") upheld a challenge launched by dissenting creditors to overturn the UK Restructuring Plan (the "RP") of the Adler Group previously approved by...more

Adler Restructuring Plan Set Aside: Reflections on the English Court of Appeal’s Landmark Ruling

Akin Gump Strauss Hauer & Feld LLP on 2/23/2024

In one of the most highly anticipated judgments in the European restructuring market in recent years, on 23 January 2024, the English Court of Appeal overturned the High Court’s decision sanctioning the Adler restructuring...more

UK Court Rules Debtor Cannot Use Corporate Vehicle to Evade Liability

Dechert LLP on 6/6/2023

Section 423 of the Insolvency Act 1986 allows for the reversal of certain transactions at an undervalue that are intended to prejudice the interests of creditors. The scope of Section 423 is extensive and may be used to...more

Directors: “What shall we do?” – Interplay between the Sequana decision, HSBC v NewOcean Energy Holdings Ltd and the new Cayman...

Conyers on 11/9/2022

Due to the recent challenging economic environment, the law’s treatment of creditors’ interests in a restructuring or insolvency has been a hot topic. From a creditor’s perspective, its objective will be straightforward: to...more

United Kingdom › Appeals › Debtors

Courts Split Over Requirement for Chapter 15 Jurisdiction in the U.S.

Adler: English Court of Appeal Overturns Restructuring Plan (UPDATE)

Adler Restructuring Plan Set Aside: Reflections on the English Court of Appeal’s Landmark Ruling

UK Court Rules Debtor Cannot Use Corporate Vehicle to Evade Liability

Directors: “What shall we do?” – Interplay between the Sequana decision, HSBC v NewOcean Energy Holdings Ltd and the new Cayman...

Skadden's 2020 Insights

English Court of Appeal Refuses to Give Effect to Foreign Restructuring

Bibby Factors Northwest Limited v HFD Limited and MCD Group Limited: Buyers of debt beware

United Kingdom › Appeals › Debtors

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