Hybrid US/European restructurings can lead to unexpected commercial outcomes because of different practices in intercreditor agreements.
Double First: A Ukrainian group of companies breaks ground — first by changing the governing law of its high yield bonds from US to English law and then by being the first Ukrainian-based group to restructure via an English law scheme of arrangement The Debate: Chapter 11 vs Scheme of Arrangement The restructuring market has for some time been engaged in a spirited debate about the appropriate forum in which to restructure US law governed high yield (HY) bonds issued by European and American corporates.
Bankruptcy Court reinforces importance of parties’ intent in determining the nature of overriding royalty interests under state law.
The European Court of Justice (Judgment of 4 September 2014, C-327/13), held that in accordance to the ECRegulation No. 1346/2000, a secondary insolvency proceeding in the Member State where the debtor has its registeredoffice – which does not coincide with the centre of its main interest (COMI) – may be opened at the request of creditorsentitled under the law of that State.
The case
A focus on the different interpretations concerning the treatment of claims for costs allocation in legal proceedings where a creditor is successful against a debtor admitted to a concordato preventivo procedure
The issue
The Court of Padua (6 March 2015) ruled that the authorization can be granted – provided that it is a case of urgency as required by law – only to the extent that the interests of creditors are best protected, through a competitive sale procedure setting a reasonable timing and an appropriate data room.
The case
What’s going on in Brussels? A lot. And trying to follow it all can be difficult.
So this section of AcrossEU seeks to provide you with an overview of what each of the three main EU institutions are doing.
The Commission
2015 Edition A Practical Guide to Russian Restructurings A PRACTICAL GUIDE TO RUSSIAN RESTRUCTURINGS Introduction Restructurings are likely to be a major topic in the Russian Federation during 2015 and beyond. From a legal perspective, the legislation pertaining to restructurings and insolvencies has benefited from a number of positive developments in recent years. In particular, the amendments which were introduced into the Civil Code1 at the end of 20132 (the Civil Code Amendments) and the Insolvency Law3 at the end of December 20144 represent a significant step forward.
The legislative process regarding the proposal of the Parliament and of the Council to amend the Regulation (whichwould introduce various changes as proposed by the Commission in order to address issues arisen in the enforcementof the Regulation) is approaching its conclusion
Introduction
The decision of the Court of Treviso of 26 February 2015 admitted a concordato proposal providing for a partial payment of receivables having a lien over the entire estate and for payment of unsecured creditors out of the higher liquidation value of the debtor’s assets according to the concordato plan, as compared to the bankruptcy liquidation value
The case