In the much anticipated decision of Belmont Park Investments PTY Limited v BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc [2011] UKSC 38 the Supreme Court has unanimously dismissed the appeal of Lehman Brothers Special Financing Inc (“LBSF”) and in so doing provided clarification as to the scope and application of the anti-deprivation rule (the “Rule”).
United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Collateral (finance), Interest, Swap (finance), Consideration, International Swaps and Derivatives Association, Lehman Brothers, Court of Appeal of England & Wales, UK Supreme Court
In a recent case1, the High Court concluded that it was right to sanction schemes of arrangement which formed part of a wider debt restructuring that excluded out-of-the-money junior creditors. In doing so, it valued the distressed companies on a going concern basis.
Background
United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown, Interest, Debt, Economy, Leveraged buyout, Valuation (finance), Debt restructuring, Discounted cash flow, Credit crunch