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The Insolvency Service (in reply to a letter from R3) has confirmed that it will be reframing its view of the term "creditor". This follows the cases last year of Pindar and Toogood where the court was asked to consider whether a paid secured creditor should have consented to an administration extension and therefore, in the absence of consent, whether the extensions were valid in both cases, the judges confirmed that the consent of paid secured creditors was not required.

Restructuring Plans (RPs)

2024 was a year of firsts for RPs, and as case law in this area continues to evolve, there is little doubt that this will carry through into 2025.

It would be remiss not to expect to see more RPs in 2025. News of Thames Water's restructuring is "splashed" all over the press and Speciality Steel's plan might see the first "cram up" of creditors, but there seems a long way to go to get creditors onside.

Two recent Supreme Court of Canada decisions demonstrate that the corporate attribution doctrine is not a one-size-fits-all approach.

The below sets out key considerations when dealing with an extension of an administration at the end of the first-year anniversary.

Categorisation of a charge as fixed or floating will have a significant impact on how assets are dealt with on insolvency and creditor outcomes.

Typical fixed charge assets include land, property, shares, plant and machinery, intellectual property such as copyrights, patents and trademarks and goodwill.

Typical floating charge assets include stock and inventory, trade debtors, cash and currency, movable plant and machinery (such as vehicles), and raw materials and other consumable items used by the business.

The UK Financial Conduct Authority (FCA has issued a consultation about proposed changes to its Guidance for Insolvency Practitioners. The aim is to clarify existing guidance and provide more information to insolvency practitioners (IPs) on how to deal with regulated firms.

近年来,我国公开市场债券违约处置体制不断健全,违约处置方式不断丰富,违约处置的市场化程度进一步提升,债务重组作为一种公开市场债务处理的方式逐渐出现在人们的视野中。与此同时,受经济下行大环境的影响,债券市场违约事件频发,截至2023年一季度,公开市场多笔债券出现未按时兑付本息、回售款或利息,构成实质违约。为了寻求公开市场违约债券处置效率的进一步提升,健全公开市场债券信息披露制度,探索最优方式化解债券违约的路径,针对公开市场债券的特点,对处理手段及相应注意事项进行研究十分必要。本文将结合我国目前公开市场违约债券的处置现状和应对方式,从庭外重组与庭内重组程序的差异性出发,论述庭外债务重组作为处置手段的特殊性及应当重点注意的事项等,明确以庭外债务重组手段处置公开市场债务将会进一步提升债券违约处置机制市场化、法治化水平。

一、我国公开市场违约债券处置现状

2021年,我国债券市场新增23家违约发行人,共涉及到期违约债券87期,到期违约金额合计约1015.76亿元;17家发行人首次发生展期,涉及展期债券33期,展期规模157.31亿元,较上年增多。[1]

Following our previous alert, in which we highlighted an issue with entries relating to registered security maintained at Companies House being incorrectly updated to indicate that they had in fact been discharged without the aware

随着社会发展与商业模式的不断丰富,不同商事主体之间会因愈发复杂的交易往来产生繁多的债权债务关系,整体经济环境下行、转入逆周期的情况下,债务危机频频爆发,债务重组已成为债务危机化解的一种重要方式,而债务重组能否成功的关键因素取决于是否存在契合企业、债权人、投资人甚至政府或监管机关要求的重组方案,故债务重组方案的设计是债务重组的重中之重。本文结合相关项目经验,对债务重组方案设计的总体思路及流程,以及中介机构在重组方案设计时的角色作用提出探讨,以期更好地促进债务重组工作之推进。

一、重组范围

Over the past week, reports have emerged about filings that have been made at Companies House marking a charge as satisfied, without the company's or relevant lender's knowledge.

There were rumours last week, which were simply that, because Companies House had not publicly announced any issue, but, as we have seen over the weekend and is now widely reported in the news, it appears that there have been at least 800 erroneous filings.