Executive Summary
In a radical departure from settled case law, the English High Court has eroded the protections of English law creditors guaranteed by the Rule in Gibbs1 .
Ireland, United Kingdom, Insolvency & Restructuring, Litigation, Tax, Katten Muchin Rosenman LLP, Supply chain, HM Revenue and Customs (UK), UK Supreme Court
Intercreditor Distressed Disposal Provisions: Pragmatic Decision Provides Certainty for Stakeholders
Executive Summary
Investors in LMA-based intercreditor agreements1 (ICA) should be reassured by the commercial approach recently taken by the High Court in construing the "Distressed Disposal" provisions (DD Provisions).
On March 22, the United States Court of Appeals for the Third Circuit issued a decision that could significantly impact the rights of secured creditors to credit bid in connection with Chapter 11 asset sales under a plan of reorganization.
USA, Insolvency & Restructuring, Litigation, Katten Muchin Rosenman LLP, Bankruptcy, Credit (finance), Debtor, Collateral (finance), Debt, Dissenting opinion, Secured creditor, Leverage (finance), Secured loan, Chief executive officer, United States bankruptcy court, Third Circuit, US District Court for Eastern District of Pennsylvania