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    Europe's answer to Chapter 11?
    2016-11-23

    On 22 November 2016, the European Commission published a draft directive on insolvency, restructuring and second chance. In this briefing we consider the proposals and what it means for European insolvency and for the UK.

    On 22 November 2016, the European Commission published a draft directive on insolvency, restructuring and second chance (the Proposals).

    What are the Proposals? The Proposals have three main parts:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP
    Authors:
    Ken Baird , Richard Tett , Katharina Crinson
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    UK Government announces reform to pre-pack administrations
    2020-10-19

    On 8 October 2020, the UK Government published draft regulations applying to sales in administration by way of a 'pre-pack' to a connected party purchaser.

    UK pre-pack administrations

    A pre-pack administration is where:

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Brexit, Coronavirus
    Authors:
    Richard Tett , Katharina Crinson , Edward Lewis
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Brexit: What does it mean for restructuring and insolvency?
    2016-07-01

    This briefing covers Brexit implications of restructuring and insolvency, in particular it discusses the implications on the European Regulation on Insolvency Proceedings and recognition of insolvency judgments and how schemes of arrangement will be impacted by Brexit.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Brexit, UNCITRAL
    Authors:
    Ken Baird , Richard Tett , Catherine Balmond , Ryan Beckwith , Adam Gallagher , Craig Montgomery
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Germany's future restructuring regime takes shape
    2020-10-06

    Last month, the German Federal Ministry of Justice published draft legislation that could fundamentally change the restructuring landscape in Germany.

    An essential part of the law is the introduction of a corporate stabilisation and restructuring regime, which establishes a comprehensive legal framework for non-consensual out-of-court restructurings in Germany on the basis of the EU's 2019 restructuring directive.

    Filed under:
    European Union, Germany, Company & Commercial, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Location:
    European Union, Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    PPF entry: Problems for pension trustees after Olympic Airlines
    2016-05-26

    Summary

    Pension scheme trustees will generally be concerned to try to ensure that the “safety net” provided by the Pension Protection Fund (PPF) remains potentially available for their scheme.

    Filed under:
    European Union, United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Liquidation, Pension Protection Fund, Trustee
    Authors:
    Charles Magoffin , Dawn Heath , Andrew Murphy , David Pollard
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Draft law for a new German preventive restructuring regime
    2020-09-30

    On Friday 18 September 2020 the German Federal Ministry of Justice published draft legislation which has the potential of fundamentally changing the restructuring landscape in Germany.

    An essential part of the law is the introduction of a corporate stabilisation and restructuring regime, which establishes a comprehensive legal framework for out-of-court restructurings in Germany on the basis of the EU Restructuring Directive of 20 June 2019 (Directive (EU) 2019/1023) (the Preventive Restructuring Framework).

    Filed under:
    European Union, Germany, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Location:
    European Union, Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Britain and the EU: insolvency and restructuring
    2015-08-28

    Current state of play

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP
    Location:
    European Union, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    UK Corporate Insolvency and Governance Act 2020: some (but not all) temporary measures extended to 31 December 2020
    2020-09-24

    On 26 June 2020 the Corporate Insolvency and Governance Act 2020 (the Act) came into force. The Act included far-reaching wholescale reforms to the UK’s restructuring toolbox, including the introduction of the restructuring plan, which has the potential to be a gamechanger for restructurings.

    It also included temporary measures dealing with COVID-19 impacts on companies. The two most significant temporary measures for companies facing financial difficulties as a result of the COVID 19 pandemic were:

    Filed under:
    European Union, Germany, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Authors:
    Katharina Crinson
    Location:
    European Union, Germany, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Recast EC Insolvency Regulation now adopted
    2015-05-20

    Summary

    We reported in December 2014 that the amendments to the EC Regulation on Insolvency Proceeding (the Recast Regulation) were virtually finalised and agreed between the various legislative organs of the European Union.

    Finally after several years, the debate is now over and the European Parliament has now approved the final text – broadly as it was in December 2014. The outcome is good news for cross border corporate restructurings and insolvencies around Europe, but it will not come into force for over two years.

    Next steps

    Filed under:
    European Union, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP
    Authors:
    Richard Tett , Katharina Crinson
    Location:
    European Union
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Six months on: the impact of COVID-19 on European restructurings
    2020-09-22

    As the coronavirus pandemic began spreading through Europe in the early months of 2020, the authorities had little idea of how best to respond – both to the virus itself, and its impact on livelihoods and businesses.

    But since then, Europe’s major economies have introduced a suite of measures to contain COVID-19’s spread and keep the economic fallout from social restrictions to a minimum.

    Filed under:
    European Union, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Authors:
    Lindsay Hingston , Katharina Crinson
    Location:
    European Union
    Firm:
    Freshfields Bruckhaus Deringer LLP

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