Today (16 June 2021) the UK governmentannounced a further extension of some (but not all) of the temporary measures first introduced by the Corporate Governance and Insolvency Act 2020 (CIGA) in June last year.
The two most significant temporary measures for companies facing financial difficulties as a result of the COVID-19 pandemic were:
There has been much debate in recent years around the use made of certain UK restructuring tools – the company voluntary arrangement and, more recently, the new restructuring plan – to restructure commercial property leases. Commercial tenants argue that compromise is necessary to address high fixed costs that are no longer sustainable, but landlords have often been critical of the approach taken. This debate has become more acute in the context of the pandemic, as many High Street businesses subject to mandatory closure have built up significant rent arrears that need to be addressed.
On June 13, 2021, Washington Prime Group Inc. and several affiliates, which administer a REIT and are headquartered in Columbus, Ohio, filed petitions under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Lead Case No. 21-31948).
On June 9, 2021, East Greenwich, R.I.-based jewelry company Alex and Ani, LLC filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware along with several affiliates. The lowest filed case number is 21-10917 (A and A Shareholding, Co., LLC). The company estimates $100 million to $500 million in both assets and liabilities.
On June 7, 2021, Zuca Properties LLC of Geneva Switzerland, the owner of two penthouse condominium units located at 470 Broome Street in New York’s Soho neighborhood, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 21-11082). The company estimates $10 million to $50 million in assets and $50 million to $100 million in liabilities.
The financial loss and the uncertainty caused by the pandemic continues to affect business globally, and an increase in corporate insolvency is widely anticipated. Arbitration is an effective dispute resolution mechanism, but a counterparty entering insolvency proceedings can be disruptive. We recently wrote about insolvency being one of the key trends in international arbitration in 2021.
A new bill, which the UK Government introduced to Parliament on 12 May 2021, seeks to extend the existing directors’ disqualification regime to the directors of dissolved companies.
On June 7, 2021, Katerra Inc., a Scottsdale, AZ-based “technology-enabled construction company,” filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 21-31861) along with several affiliates. The company estimates $500 million to $1 billion in assets and $1 billion to $10 billion in liabilities.
On May 31, 2021, Kumtor Gold Company CSJC, a Kyrgyz Republic-based operator of the Kumtor mine located in the Kyrgyz Republic, along with Kumtor Operating Company CSJC, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 21-11051). The company estimated $1 billion to $10 billion in assets and $100 million to $500 million in liabilities.
“On May 31, 3031, Avadim Health, Inc. along with several affiliates, which operate an Asheville, North Carolina-based privately held skincare and wellness company, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-10883). The company reports $10 million to $50 million in assets and $50 million to $100 million in liabilities.