The Insolvency Service has for many decades been the Government department responsible for the oversight of bankruptcies, compulsory insolvencies and, in more serious cases, the disqualification of individual directors.
Summary: In EPC Constructions India Ltd. v. Matix Fertilizers & Chemicals Ltd., the Supreme Court addressed whether holders of non-cumulative redeemable preference shares can initiate insolvency proceedings under Section 7 of the IBC, as financial creditors. The Court held that preference shareholders are not creditors and cannot trigger insolvency proceedings, as preference shares remain part of the share capital even upon maturity, and conversion of debt into preference shares permanently extinguishes the original creditor relationship.
Despite meeting statutory jurisdictional requirements under Part 26A of the Companies Act 2006, the High Court declined to exercise its discretion in favour of sanctioning Waldorf Production UK Plc’s restructuring plan in August 2025due to concerns about fair allocation of value and lack of meaningful engagement with unsecured creditors.
Paul, Weiss, Rifkind, Wharton & Garrison LLP European Restructuring – 2025 in Review 5
The Insolvency and Bankruptcy Board of India (IBBI) has released two notable discussion papers, namely, Minimum Shareholding Requirements for Directors and Partners of IPEs dated November 17, 2025, and Standardised Templates for Beneficial Ownership and Section 32A Affidavits dated November 6, 2025. Together, these papers propose substantive reforms intended to enhance governance discipline within Insolvency Professional Entities (IPEs) and improve the quality, uniformity, and reliability of disclosures in the Corporate Insolvency Resolution Process (CIRP).
Welcome back to Distressed Debt Legal Insights, Ropes & Gray’s new source of timely insights for professionals navigating the complex world of liability management. In this edition, we’re looking at how Anthology resolved an objection to its proposed non-pro rata DIP rollup.
Background
Anthology filed for Chapter 11 on Sept. 29 in the Southern District of Texas with a restructuring support agreement signed by 87% of first out lenders and 68% of second out lenders.
This article discusses the defining features of Bermuda’s insolvency landscape and the primary insolvency and rescue procedures available under Bermuda law, including compulsory liquidations, provisional liquidations and schemes of arrangements. The case of Chishti v Afiniti Ltd is presented as a recent example of a company successfully availing itself of a restructuring plan through the use of ‘light touch’ provisional liquidation.
The hemp industry is facing a rapidly shifting regulatory landscape that could significantly alter the financial and legal viability of many businesses. In the recent episode of TaxTalk x Cannabis Quick Hits, we break down the looming regulatory overhaul, its tax and bankruptcy implications, and the restructuring options available to hemp and cannabis companies navigating financial distress.
A Major Regulatory Shift for Hemp