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    Trustee and officeholder approval applications: res judicata and protection from future claims
    2023-08-03

    Summary

    Trustees and officeholders (such as administrators, receivers and liquidators) can ask the Court to approve steps that they propose to take in the administration of their estate (such as the sale of an asset or settlement of a claim).

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Court of Appeal (England and Wales)
    Authors:
    Devi Shah , Stuart Pickford , Stephen Moi , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    The Prezzo restructuring plan Court exercises discretion to cram down HMRC debt; confirms no requirement for company to provide consideration to "out of the money" plan creditors
    2023-07-19

    Summary

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown, Companies Act 2006 (UK), HM Revenue and Customs (UK)
    Authors:
    Devi Shah , Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    English High Court refuses to sanction restructuring plan which crams down HMRC
    2023-07-10

    In the recent restructuring plan case of Re Nasmyth Group Limited1("Nasmyth"), the English High Court declined to exercise its discretion to order "cross class cram down" of HMRC, which was a dissenting plan creditor and which had opposed sanction of the plan, concluding that it would be unfair to sanction the plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Mayer Brown, HM Revenue and Customs (UK), High Court of Justice (England & Wales)
    Authors:
    Alexandra Wood , Sheena Frazer
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    The Adler restructuring plan: competing valuation evidence; the pari passu principle; and retention of equity
    2023-07-10

    The Court1 exercised its discretion to sanction a restructuring plan proposed by AGPS BondCo PLC (the Company) (part of the Adler real estate group) to amend indebtedness arising under six series of senior unsecured notes governed by German law, which matured on different dates through to 2029.

    Filed under:
    Germany, United Kingdom, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Alexandra Wood , Devi Shah
    Location:
    Germany, United Kingdom
    Firm:
    Mayer Brown
    Dealing with Suppliers in Crisis
    2023-07-06

    In many industries, the supply chain can involve multiple suppliers and jurisdictions. In the current economic climate, it is not unusual for a supplier within the supply chain to encounter financial distress or even to enter into formal insolvency proceedings. This can have a significant impact on a company if its business depends on a distressed supplier and an alternative or additional supplier cannot be found (and production cannot be brought in house) or an alternative sourcing is not possible for other reasons, like part/raw material approval process, testing, customs etc.

    Filed under:
    Germany, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Mayer Brown, Corporate governance, Supply chain, Due diligence, Federal Court of Justice
    Authors:
    Dr. Marco Wilhelm , Tina Hoffmann , Amy Jacks , Alexandra Wood , Sheena Frazer , Dr. Malte Richter , Devi Shah , Stefanie Skoruppa
    Location:
    Germany
    Firm:
    Mayer Brown
    Umgang mit Lieferanten in der Krise
    2023-07-06

    In vielen Branchen kann die Lieferkette eine Vielzahl von Unternehmen und Jurisdiktionen umfassen. Im derzeitigen Wirtschaftsklima ist es nicht ungewöhnlich, dass einzelne Lieferanten innerhalb dieser Lieferkette in finanzielle   Schwierigkeiten   geraten   oder ein Insolvenzverfahren beantragen.

    Filed under:
    Germany, Company & Commercial, Compliance Management, Insolvency & Restructuring, Litigation, Mayer Brown, Corporate governance, Supply chain, Due diligence, Federal Court of Justice
    Authors:
    Dr. Marco Wilhelm , Tina Hoffmann , Amy Jacks , Alexandra Wood , Sheena Frazer , Dr. Malte Richter , Devi Shah , Stefanie Skoruppa , Inga Rupp
    Location:
    Germany
    Firm:
    Mayer Brown
    What We’re Reading This Week [April 27, 2023]
    2023-04-27

    Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant , Lisa A. Holl Chang
    Location:
    USA
    Firm:
    Mayer Brown
    What We’re Reading This Week [April 27, 2023]
    2023-04-27

    Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant , Lisa A. Holl Chang
    Location:
    USA
    Firm:
    Mayer Brown
    What We’re Reading This Week [April 27, 2023]
    2023-04-27

    Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant , Lisa A. Holl Chang
    Location:
    USA
    Firm:
    Mayer Brown
    What We’re Reading This Week [April 27, 2023]
    2023-04-27

    Bed Bath & Beyond, the home goods retailer, has filed bankruptcy under Chapter 11 and plans to conduct liquidation sales and close all of its brick-and-mortar stores by June 30, as reported by The New York Times. The retailer points to an inability to adjust to the growth of online shopping as a reason for its downfall.

    Filed under:
    USA, Company & Commercial, Insolvency & Restructuring, Litigation, Mayer Brown
    Authors:
    Sean T. Scott , Aaron Gavant , Lisa A. Holl Chang
    Location:
    USA
    Firm:
    Mayer Brown

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