Follow

European Restructuring Watch Blog

Articles: 1-10 of 33

Fraudulent Transfer Claims Avoid State Sovereign Immunity, But Only If a Property Interest Exists Under State Law

USA - January 31 2020 In a recent decision, In re Philadelphia Entertainment and Development Partners, L.P., No. 14-000255-mdc (Bankr. E.D. Pa. Dec. 31, 2019), the…

Covenant of Good Faith and Fair Dealing Examined: La Paloma

USA - January 30 2020 On January 13, 2020, the United States Bankruptcy Court for the District of Delaware issued an opinion in In re La Paloma Generating Company, LLC…

Delaware District Court Affirms Decision Holding Triangular Setoffs Are Not Permitted

USA - January 14 2020 The United States District Court for the District of Delaware recently affirmed a Delaware bankruptcy court case that held that the mutuality…

Finance Bill 2020: Key Insolvency Measures

United Kingdom - July 22 2019 On 11 July the government published draft legislation for the Finance Bill 2020. We set out below details of the key insolvency measures in the…

New tax developments for insolvency and restructuring deals

United Kingdom - May 13 2019 The below is a quick snapshot of three recent tax-related developments in the insolvency and restructuring sphere. Farnborough - appointment of a…

Changing the Insolvency Waterfall - HMRC to Become a Preferential Creditor Again

United Kingdom - November 1 2018 The recent budget flagged the re-introduction of preferential creditor status for the UK tax authority (HMRC) in insolvencies in certain limited…

Insolvency and Corporate Governance: Government Response - 28 August 2018

United Kingdom - September 7 2018 Over the last two years, BEIS has issued a number of consultations either focussed on, or touching upon, corporate governance issues in insolvency or…

When not to use a CVA: 10 lessons from recent restructurings

United Kingdom - June 21 2018 2018 has been described as “the year of the CVA”, especially in the retail and casual dining sectors. Although company voluntary arrangements can be a…

Business Finance and Restructuring - What will 2018 hold?

European Union, Global, United Kingdom - January 4 2018 The Insolvency Service has yet to react to responses to its consultation in mid-2016 on significant reforms designed to improve the restructuring…

KPMG and Weil launch MF Global UK Limited (in special administration) CVA Proposal

United Kingdom - November 24 2017 Weil have acted for Mike Pink, Richard Heis and Ed Boyle of KPMG as special administrators of MFGUK in connection with a CVA proposal to its remaining…