Restructuring Plans, Creditor Schemes, and Other Restructuring Tools (Book and Digital Pack)

Restructuring Plans, Creditor Schemes, and Other Restructuring Tools (Book and Digital Pack)
Author: Geoff O'Dea
Publisher: Oxford University Press, USA
Total Pages: 0
Release: 2022-03-22
Genre: Law
ISBN: 9780192845764

This timely new work provides the most comprehensive coverage of debt restructuring tools available in the UK including analysis of the new restructuring plan under Part 26A of the Companies Act 2006 and emerging themes from related precedent case law. The book is the first of its kind to provide a comprehensive analysis of the new restructuring plan. Part A explains the law and practical application of the main types of creditor schemes of arrangement and restructuring plans in the UK. It analyses the tools available to market participants and other key stakeholders by reference to the capital structures most commonly seen in middle market and top tier European financings. Part B provides a comparative analysis between company voluntary arrangements (including recent case law) and schemes and restructuring plans to enhance the reader's understanding of the implications of the various tools available. Part C covers administration and receivership sales and appropriations under the Financial Collateral Arrangements Regulations for private and public companies, written from the perspective of a practitioner with practical issues in mind. The primary subject matters of the book are complemented by chapters analysing the distressed disposals regime in the Loan Market Association form of Intercreditor Agreement, liability management transactions under high yields nots/bonds, and scheme/restructuring plan-related pensions issues. This work is essential reading for all insolvency and debt finance lawyers advising on financial restructurings in the UK and Ireland. It provides practitioners involved in new money lending with a greater understanding of the consequences that transaction structuring and commonly negotiated features (e.g, debt incurrence regimes and other covenants, controls and carve-outs) may have in a workout scenario. This product includes a copy of the hardback and a digital version available on PC, Mac, Android devices, iPad, or iPhone for quick and easy access wherever you are.

Insolvency and Restructuring Manual

Insolvency and Restructuring Manual
Author: Simon Beale
Publisher: Bloomsbury Publishing
Total Pages: 453
Release: 2023-01-31
Genre: Law
ISBN: 1526521458

“...a comprehensive, well-structured guide for those dealing with insolvency and restructuring aspects on a regular basis.” German-British Chamber of Industry & Commerce* This manual examines the main formal processes involved in the world of corporate insolvency and restructuring such as liquidation, administration, receivership, company voluntary arrangements and schemes of arrangement. The Fourth Edition covers: - The Part 26A scheme of arrangement (or 'restructuring plan'), standalone moratorium and provisions for the protection of supplies introduced by the Corporate Insolvency and Governance Act 2020 - The regulations concerning disposals by an administrator to connected persons - The Supreme Court decision in BTI 2014 LLC vSequana S.A. and others clarifying when directors have a duty to creditors rather than shareholders - The legislative changes accompanying Brexit and other important developments in case law relating to cross-border matters - The use of special managers in complex compulsory liquidations as seen in the cases of Carillion, British Steel and Thomas Cook - The Pensions Schemes Act 2021 and its impact on the restructuring landscape This is an indispensable reference source for experienced practitioners and offers junior professionals, company directors and company secretaries a valuable introduction to the subject. *Review of a previous edition This title is included in Bloomsbury Professional's Insolvency Law online service.

Schemes of Arrangement

Schemes of Arrangement
Author: Geoff O'Dea
Publisher:
Total Pages: 773
Release: 2012
Genre: Bankruptcy
ISBN: 9780191643903

This new guide to schemes of arrangement draws together all of the elements of the law and practice concerning both creditor and member schemes. Member schemes of arrangement have become the preferred method of implementing takeovers in the UK. Creditor schemes of arrangement are increasingly used in restructuring matters and the trend in their usage in foreign companies is likely to continue as many credit documents across Europe are arranged and underwritten in London under English law. The book considers the effect given to an English scheme in foreign jurisdictions, and other Private Intern.

Schemes of Arrangement

Schemes of Arrangement
Author: Jennifer Payne
Publisher: Cambridge University Press
Total Pages: 459
Release: 2014-06-26
Genre: Law
ISBN: 113999199X

Schemes of arrangement are an important and flexible mechanism, which can be used to reorganise a company's capital. They have undergone something of a renaissance since the global financial crisis, particularly as a debt restructuring device, since effective tools were needed to deal with financial distress. Schemes have also become the mechanism of choice for recommended takeovers. In order to understand their current popularity, this book examines the use of both member and creditor schemes, and compares their advantages and disadvantages to the alternatives that are available. It performs a critical, contextual and comparative analysis of schemes and their uses, and puts forward reform proposals that are designed to ensure that schemes continue to develop as an indispensable tool for companies for the future.

Schemes of Arrangement

Schemes of Arrangement
Author: Jennifer Payne
Publisher: Cambridge University Press
Total Pages: 453
Release: 2021-12-16
Genre: Law
ISBN: 1108871992

Schemes of arrangement are an important and flexible mechanism, which can be used to reorganise a company's capital. Schemes have undergone a renaissance over the last twenty years, particularly as a debt restructuring device in the aftermath of the 2008 financial crisis when companies and their advisors have needed to develop effective tools for dealing with financial distress. The COVID-19 pandemic has provided a further incentive for jurisdictions to ensure that they have an effective debt restructuring mechanism in place. Schemes have also become the mechanism of choice for recommended takeovers. This book performs a critical, contextual and comparative analysis of schemes and their uses, examines recent developments in this area, including the Corporate Insolvency and Governance Act 2020, and considers whether further reform is needed to ensure that schemes continue to develop as an indispensable tool for companies for the future.

The European Restructuring Directive

The European Restructuring Directive
Author: Gerard McCormack
Publisher: Edward Elgar Publishing
Total Pages: 319
Release: 2021-04-30
Genre: Law
ISBN: 1789908817

This comprehensive book provides a clear analysis of the European Restructuring Directive, which aims to improve national frameworks governing business restructuring and insolvency as well as to provide debt relief for individuals. Gerard McCormack explores the key aspects of the Directive including the moratorium on litigation and enforcement claims against the financially-troubled business, the provision for new financing, the division of creditors into classes, the introduction of a restructuring plan and the rules for approval of the plan by a court or administrative authority.

The Law and Practice of Restructuring in the UK and US

The Law and Practice of Restructuring in the UK and US
Author: Christopher Mallon
Publisher: OUP Oxford
Total Pages: 536
Release: 2011-04-07
Genre: Law
ISBN: 0199583773

The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets.