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    The WHOA in 2023: The Restructuring Directive implemented in the Netherlands
    2022-12-16

    The Dutch Act implementing the EU Directive on Insolvency, Restructuring and Second Chance (the Restructuring Directive) enters into force on 1 January 2023 and will amend the current Act on Court Confirmation of a Private Restructuring Plan (the WHOA) to some extent. Below we have set out some of the material changes as a result of the implementation.

    A preventive restructuring framework and second chance

    Filed under:
    European Union, Netherlands, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Insolvency
    Authors:
    Charlotte Ausema
    Location:
    European Union, Netherlands
    Firm:
    Freshfields Bruckhaus Deringer LLP
    What does today's Sequana decision mean for directors?
    2022-10-05

    Background

    On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    The UK's new restructuring plan
    2021-04-21

    Background to the Restructuring Plan

    The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, RPC, Brexit, Coronavirus
    Authors:
    Paul Bagon , Tim Moynihan , Kate Watson
    Location:
    European Union, United Kingdom
    Firm:
    RPC
    Proposal for an EU directive on the harmonisation of certain aspects of insolvency law
    2022-12-14

    On 7 December 2022, the European Commission published itsproposal for a directive of the European Parliament and of the Council harmonising certain aspects of insolvency law (COM(2022) 702; 2022/0408 (COD)) (the Proposal). Readers may be aware that the EU has already legislated in the area of insolvency.

    Filed under:
    European Union, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, European Commission
    Authors:
    Silvia Angós , Charlotte Ausema
    Location:
    European Union
    Firm:
    Freshfields Bruckhaus Deringer LLP
    What does today's Sequana decision mean for directors?
    2022-10-05

    Background

    On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    The UK's new restructuring plan
    2021-04-21

    Background to the Restructuring Plan

    The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, RPC, Brexit, Coronavirus
    Authors:
    Paul Bagon , Tim Moynihan , Kate Watson
    Location:
    European Union, United Kingdom
    Firm:
    RPC
    What does today's Sequana decision mean for directors?
    2022-10-05

    Background

    On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    Cross Border Recognition, 25 years on: the view from each side of the Pond
    2022-12-13

    The recent decision in Re Astora Women’s Health LLC illustrates the importance of cross-border recognition of insolvency processes, highlighting the benefits of a joined-up global approach which recognises that modern business do not stop for international borders.

    With Astora hot off the presses and the twenty-fifth anniversary of the UNCITRAL Model Law on the horizon the team at SPB have taken stock of the cross-border recognition framework from the perspective of the UK and the US.

    Astora

    Filed under:
    European Union, Global, United Kingdom, USA, Insolvency & Restructuring, Litigation, Public, Squire Patton Boggs, Insolvency, UNCITRAL
    Location:
    European Union, Global, United Kingdom, USA
    Firm:
    Squire Patton Boggs
    The UK's new restructuring plan
    2021-04-21

    Background to the Restructuring Plan

    The UK has introduced the Restructuring Plan; a new, flexible court supervised restructuring tool. The Restructuring Plan draws upon features of the existing Companies Act 2006 scheme of arrangement procedure (which remains available) but includes features which are new to the UK but similar to those under U.S. Chapter 11 bankruptcy proceedings.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, RPC, Brexit, Coronavirus
    Authors:
    Paul Bagon , Tim Moynihan , Kate Watson
    Location:
    European Union, United Kingdom
    Firm:
    RPC
    What does today's Sequana decision mean for directors?
    2022-10-05

    Background

    On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
    Authors:
    Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
    Location:
    European Union, United Kingdom
    Firm:
    Dentons

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