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.

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.

Insolvency and Restructuring Manual

Insolvency and Restructuring Manual
Author: Simon Beale
Publisher:
Total Pages: 0
Release:
Genre: Bankruptcy
ISBN: 9781526521477

"Should you choose a formal insolvency or would a restructuring be more appropriate for a company's final steps? Insolvency and Restructuring Manual (4th Ed) guides you through the considerations and steps in each avenue, examining the main formal processes including liquidation, administration, receivership, company voluntary arrangements and schemes of arrangement. The new Fourth Edition covers: - The new 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 forthcoming regulations concerning disposals by an administrator to connected persons - The Supreme Court decision in Sequana S.A. v BAT Industries Plc and others clarifying, among other things, when directors have a duty to creditors rather than shareholders - The legislative changes accompanying Brexit, their impact on cross-border matters and other important developments in case law relating to cross-border matters - The provisions of the Finance Act 2020 which restored the status of HMRC as a preferential creditor - The use of special managers in complex compulsory liquidations as seen, for example, in the cases of Carillion , British Steel and Thomas Cook - The Pensions Schemes Act 2021 and its possible impact on the restructuring landscape - The protocol on, and use of, 'rescue administration' Ease-of-reading is provided by bullet-pointed and highlighted text, flowcharts and tables. Insolvency and Restructuring Manual is an indispensable reference source for experienced practitioners and offers junior professionals, company directors and company secretaries a valuable first introduction to the subject."--

A Strategy for Resolving Europe's Problem Loans

A Strategy for Resolving Europe's Problem Loans
Author: Mr.Shekhar Aiyar
Publisher: International Monetary Fund
Total Pages: 79
Release: 2015-09-24
Genre: Business & Economics
ISBN: 1513511653

Europe’s banking system is weighed down by high levels of non-performing loans (NPLs), which are holding down credit growth and economic activity. This discussion note uses a new survey of European country authorities and banks to examine the structural obstacles that discourage banks from addressing their problem loans. A three pillared strategy is advocated to remedy the situation, comprising: (i) tightened supervisory policies, (ii) insolvency reforms, and (iii) the development of distressed debt markets.

Rescue of Business in Europe

Rescue of Business in Europe
Author: Bob Wessels
Publisher: Oxford University Press
Total Pages: 1552
Release: 2020-01-30
Genre: Law
ISBN: 0192561111

This edited volume is based on the European Law Institute's project, The Rescue of Business in Insolvency Law, which ran from 2013 to 2016. The project sought to investigate and articulate the essential features of well-functioning procedures for the "rescue" of distressed but viable businesses. Although the focus was primarily on the design and implementation of formal procedures (that is, those provided by law), the project also required consideration of the interaction between such procedures and informal solutions to distress, given the obvious cost advantages of the latter. The ELI project was not confined exclusively to restructurings, since these are only one possible route to maximising the value of a distressed but viable business (an auction procedure, in which the business is sold on a going concern basis to a new owner, is one obvious alternative). The ELI project encompasses various aspects of both public/constitutional law and insolvency law that may have a bearing on the functionality of formal restructuring procedures.

The Financial Crisis Inquiry Report

The Financial Crisis Inquiry Report
Author: Financial Crisis Inquiry Commission
Publisher: Cosimo, Inc.
Total Pages: 692
Release: 2011-05-01
Genre: Political Science
ISBN: 1616405414

The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.