A dramatic increase in defaults during the next year due to the coronavirus will create a big opportunity for distressed debt investors, according to the world’s biggest publicly listed hedge fund firm, Bloomberg News reported. Money managers at Man Group Plc are intrigued by what they say could be the largest global distressed credit cycle in a generation. It all happened in just a month as the public health crisis rippled through economies all over the world, prompting a sell-off in sovereign and corporate bonds.
Covid – 19 hits the economy hard. Shops are closed, production is suspended in many companies. The concerns of entrepreneurs are great, many are afraid of bankruptcy in the corona crisis, the Bandera County Courier reported. The federal government wants to prevent the worst with loans and grants. But even if Federal Minister of Economics Peter Altmaier (CDU) promised quick help on Wednesday, it may take time for the money to reach the companies. Many companies would have to file for bankruptcy because they are no longer solvent – even though rescue is approaching.
British pub chain JD Wetherspoon has suspended payments to its suppliers in the Republic until its pubs reopen after the coronavirus crisis, The Irish Times reported. The company confirmed to The Irish Times that, in line with its UK policy, it has sought a moratorium on payments until its outlets reopen. In an e-mail first reported by UK sustainability website Footprint, the company wrote: “We are asking for a moratorium on payments until the pubs reopen, at which point we intend to clear outstanding payments within a short timeframe.
A licenced insolvency trustee in Charlottetown is calling on the federal government to put in measures to help Islanders who are dealing with job loss also deal with their debt repayment and avoid bankruptcy, The Guardian reported. "People are stressed and scared, said Walter MacKinnon, who is also vice-president with MNP in Charlottetown. He said one type of call he has been receiving recently is from people who have made an insolvency proposal that has been accepted.
Aer Lingus is laying off more than 60 contract workers who argue they qualify for Government payments to businesses that keep staff in jobs during the coronavirus crisis, The Irish Times reported. The airline told staff last week that it was cutting pay by 50 per cent in an effort to see the company through the coronavirus pandemic that has grounded flights across Europe and the United States and brought its industry to a standstill.
As the coronavirus outbreak roils credit markets around the world, Asia is under particular threat. The region has led the world in economic growth for years as debt helped fuel frenetic construction of airports, bridges and apartment towers for millions of people moving into cities, Bloomberg News reported. That model is now running up against an unprecedented spike in borrowing costs, as investors who piled into the region’s riskiest debt at a record pace grow anxious.
Few emerging-market currencies have been spared as the spread of the coronavirus causes investors to dump riskier assets and the dollar to surge. But Africa has been hit harder than most -- and the signs are there’s worse to come, Bloomberg News reported. Kenya’s shilling, Angola’s kwanza and Zambia’s kwacha have all fallen to record lows this month. Ghana’s cedi and South Africa’s rand are close to that point. And while Nigeria’s already devalued the naira, most investors say it’ll have to do so again.
As lockdowns shutter stores and keep consumers cooped up at home, there will be many losers from the outbreak of the Covid-19 virus. But there will also be a few winners, Bloomberg News reported in a commentary. Casino Guichard Perrachon SA, the French supermarket operator that’s been a target for short-selling hedge funds, is emerging as a beneficiary, in line with other grocers seeing a frantic stockpiling of food on both sides of the Atlantic. While Casino’s complex financial structure has long been a source of consternation, there are some jewels in its highly leveraged crown.
Billionaire John Fredriksen’s Seadrill Ltd. re-hired long time adviser Houlihan Lokey Inc. to engage in fresh talks with lenders, people familiar with the situation said, Bloomberg News reported. The drilling operator, which was already struggling before the coronavirus outbreak, plans to negotiate with creditors after its business was hurt further by the historic slump in oil prices over recent weeks, according to the people, who asked not to be identified because the information is private.
The U.K. government’s rescue plan for small and medium sized companies may be only three days old, but there’s growing concern it won’t be able to stave off a wave of bankruptcies in the world’s fifth-largest economy, Bloomberg News reported. On Wednesday, a chorus of voices ranging from lawmakers to small business trade groups said the Coronavirus Business Interruption Loan Scheme, or CBILS, is too reliant on commercial banks and their traditional underwriting methods to rapidly deliver cash to desperate companies.
Resources by Country & Region
An international multi-disciplinary approach to combatting fraud in insolvency by Carmel King & Willem van Nielen
An international multidisciplinary approach to combatting fraud in insolvency is a practical necessity. Where cases are multi-jurisdictional, it is essential to use innovative approaches with input across several disciplines. The INSOL Europe Anti-Fraud Forum (“AFF”) was established with this as one of its aims. This working group currently has 69 members spanning 22 jurisdictions, all of whom specialise in using insolvency processes to assist with the tracing and recovery of assets.
Coordinating the Preventive Restructuring Directive and the Recast European Insolvency Regulation by Lorenzo Stanghellini and Andrea Zorzi
Issues arising from coordination among possible cross-border procedures seem underestimated in the Directive on Preventive Restructuring Frameworks (the “Directive”). The Directive purports to be almost indifferent to the Recast European Insolvency Regulation (“Recast EIR”).
The brand new Directive on Preventive Restructuring Frameworks (EU No 2019/1023 of 20 June 2019) presents a promising toolbox for restructuring debtor companies, containing features such as a very early starting point, the debtor-in-possession approach, a flexible stay, the restructuring plan’s adoption out-of-court and the cross-class cram-down.
However Brexit evolves – something that remains impossible to predict – cross-border restructuring and insolvency in and between the UK and European countries will continue to develop. The question is, what will that development look like?
This updated edition describes the framework of the European Insolvency Regulation Recast (adopted in June 2017), reviews its major rules, highlights the differences from the old EIR 2000, and makes references to the most important and recent cases of the Court of Justice of the European Union. An essential guide for non-European judges, practitioners and scholars who are confronted with this domain of law, as well as anyone dealing with EU-related cross-border cases, this book serves as a concise and comprehensive introduction to the EIR Recast.
Chapter 15 for Foreign Debtors covers all aspects of the UNCITRAL Model Law on Cross-Border Insolvency as well as chapter 15 of the Bankruptcy Code, and provides details about the Foreign Representative, avoidance actions, creditor protections, concurrent proceedings, comity and much more. The book also includes an extensive appendix filled with more than 500 pages of sample case documents and forms related to chapter 15 proceedings.
This book is the latest addition to our list of publications and it provides basic information on Islamic finance. It is meant to be a useful reference tool to the majority of insolvency practitioners who do not work in this field. The chapters in this book were selected on the basis that it is expected that most INSOL members currently have very limited understanding of Islamic finance.
The book has 10 chapters, a country study, and an annexure with a glossary of Islamic finance terms. Following the introductory chapter there are chapters on: