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    Regis: the next chapter in the CVA story
    2021-05-17

    Last week was a busy week for the courts: we reported on the landlord-led challenges to the New Look CVA and the Virgin Active restructuring plan. Neither judgment made happy reading for landlords, with all challenges dismissed in New Look and the restructuring plan sanctioned despite their objections in Virgin Active. The story has slightly improved for landlords today with the court revoking the Regis CVA. There are important findings from Regis, but in itself the judgment will not be sufficient to turn the tide.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP
    Authors:
    Katharina Crinson , Catherine Balmond
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    The Corporate Insolvency and Governance Act 2020 - PPF guidance on restructuring plans
    2021-03-05

    The Corporate Insolvency and Governance Act 2020 (the Act) introduced significant changes to insolvency law, including permitting companies to propose a “restructuring plan”. The restructuring plan offers a flexible option for companies that sponsor defined benefit pension schemes to compromise their obligations to creditors and, potentially, to the pension scheme itself.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP
    Authors:
    Dawn Heath , Lindsay Hingston , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Why Non-U.S. Air Carriers Avail Themselves of U.S. Chapter 11 to Reorganize
    2020-12-07

    COVID-19 Cuts a Harsh Path Through the Aviation Sector

    Filed under:
    USA, Aviation, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus, CARES Act 2020 (USA)
    Authors:
    Madlyn Gleich Primoff , Alex Rich
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    The Abu Dhabi Global Market introduces priority funding for administrators
    2020-07-23

    The Abu Dhabi Global Market (ADGM)continues to enhance its legislative framework after recently publishing its fourth round of amendments to the ADGM Insolvency Regulations 2015.

    As part of the latest round of amendments, the ADGM has introduced a new chapter dealing with priority funding (PDF), similar to US Chapter 11 style debtor-in-possession (DIP) funding.

    Filed under:
    Middle East, United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP
    Authors:
    Katharina Crinson
    Location:
    Middle East, United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Germany: The Act on the mitigation of the consequences of the Covid-19 pandemic in the areas of insolvency, civil and criminal procedure law
    2020-04-06

    - Main points of interest and preliminary analysis –

    Filed under:
    Germany, Company & Commercial, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Coronavirus
    Location:
    Germany
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Dubai's DIFC introduces scheme of arrangement
    2018-11-22

    In yet another example of the Dubai International Financial Centre (DIFC) making its company and insolvency law even more versatile, the DIFC has introduced a mechanism which will operate in a similar manner to a scheme of arrangement under English law. The law came into effect on 12 November 2018.

    Key terms

    Filed under:
    United Arab Emirates, Company & Commercial, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Dubai International Financial Centre
    Authors:
    Haris Meyer Hanif , Katharina Crinson
    Location:
    United Arab Emirates
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Moral hazard powers of the Pensions Regulator: how do they apply against a company in insolvency?
    2016-08-01

    Summary

    Third parties associated with an employer may find themselves liable to contribute to the employer's occupational pension scheme. Where a pension scheme is in deficit, the Pensions Regulator has powers - so-called 'moral hazard' powers - that can require a third party to give financial support or a specific payment to the pension scheme.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, The Pensions Regulator
    Authors:
    David Pollard , Ken Baird , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Summary of the ABI Commission's proposed changes to chapter 11 of the Bankruptcy Code
    2014-12-18

    Summary of recommended changes to the Bankruptcy Code from the ABI Commission to Study the Reform of Chapter 11

    Summary of recommended changes

    This chart summarizes the Recommendations in the Commission’s Report that relate to or would have an impact on creditors’ rights.

    Background

    Filed under:
    USA, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP
    Authors:
    Timothy Harkness , Abbey Walsh , David Livshiz
    Location:
    USA
    Firm:
    Freshfields Bruckhaus Deringer LLP
    Nortel: not just bad news for banks
    2011-11-08

    The Court of Appeal decision in the Nortel case upheld the High Court ruling that FSD/CN liability is an expense of the administration and therefore ranks ahead of administrators' remuneration, floating charges and unsecured creditors. Much of the press coverage which has followed in the immediate aftermath seems to have assumed that the decision is a victory for "good" pensioners over the "bad" banks.

    Filed under:
    United Kingdom, Banking, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Freshfields Bruckhaus Deringer LLP, Unsecured debt, Debt, Defined benefit pension plan, Building society, Financial Services Compensation Scheme, Pension Protection Fund, The Pensions Regulator, SCOTUS, Court of Appeal of England & Wales, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP
    UK defined-benefit pension schemes and corporate restructurings
    2010-08-31

    A prominent aspect of the most recent wave of restructuring is the significant role often played by defined-benefited (DB) pension liabilities.

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, Freshfields Bruckhaus Deringer LLP, Liability (financial accounting)
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer LLP

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