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    Distress in the market in 2025 - A year in review
    2025-12-10

    Key Insights

    • The surge of distress and insolvency that occurred in 2024 showed no signs of stopping in 2025.
    • Inflation, continued regulatory changes and global uncertainty have contributed to the continued rise in insolvency appointments, especially in the construction and hospitality sectors.
    • Key trends included M&A, lenders supporting an operational or balance sheet restructuring, government intervention and increased regulatory scrutiny of private capital.

    1. Distress and restructuring trends in 2025

    Filed under:
    Australia, Capital Markets, Insolvency & Restructuring, Ashurst, Private equity
    Authors:
    James Marshall , Alinta Kemeny
    Location:
    Australia
    Firm:
    Ashurst
    Red Lobster’s Corporate Bankruptcy and Turnaround
    2025-12-07

    Red Lobster Seafood Co., the beloved full-service dining seafood specialty restaurant operator, is staging a comeback just one year after emerging from Chapter 11 bankruptcy. The company has taken steps to restructure its operations and improve its financial performance. With new leadership and a bold turnaround plan, the company’s future looks promising again.

    Headquartered in Orlando, Florida, Red Lobster has over 500 locations in the United States and Canada. The brand has become associated with fresh seafood, welcoming guest service, and affordable prices.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Carpenter Wellington PLLC, Private equity, Darden Restaurants, Fortress Investment Group, Red Lobster, Olive Garden, Chicken of the Sea, Restaurants & bars
    Location:
    USA
    Firm:
    Carpenter Wellington PLLC
    Overview of Insolvency Claims - Quick Guide
    2025-12-03

    An insolvency practitioner (IP) can pursue a wide range of claims when appointed as the administrator or liquidator of a company. 

    These include claims that already existed at the point that the company entered an insolvency process (Pre-existing Company Claims), and ones that arise on insolvency (IP Claims see below).

    An IP pursues Pre-existing Company Claims as agent for and in the name of the company, and these types of claims typically include claims for debt, breach of contract, breach of duty or recovery of property.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Squire Patton Boggs, Private equity, Companies Act 2006 (UK)
    Authors:
    John Alderton , Monika Lorenzo-Perez , Charlotte Møller , Christopher Roberts , Devinder Singh , Rachael Markham
    Location:
    United Kingdom
    Firm:
    Squire Patton Boggs
    Setting the Standard: Standard Profil’s scheme of arrangement sanctioned notwithstanding Frankfurt court’s decision in Project Fürst
    2025-09-17

    Standard Profil’s scheme of arrangement was sanctioned by the English High Court on 9 September 2025, notwithstanding a recent Frankfurt court decision casting doubt on whether English restructuring plans and schemes of arrangement proposed by German companies would be capable of sanction by the English courts going forward as a result of recognition issues (see ‘More on this topic’).

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Hogan Lovells, Private equity
    Authors:
    Naomi Parmar
    Location:
    Germany
    Firm:
    Hogan Lovells
    General Newsletter, July 2025
    2025-07-07

    REVISED INDUSTRY STANDARDS ON “MINIMUM INFORMATION TO BE PROVIDED TO THE AUDIT COMMITTEE AND SHAREHOLDERS FOR APPROVAL OF RELATED PARTY TRANSACTIONS” The Industry Standard Forum (“ISF”), consisting of representatives from ASSOCHAM, CII and FICCI, under the aegis of the Stock Exchanges and in consultation with SEBI formulated the Industry Standards on “Minimum information to be provided for review of the audit committee and shareholders for approval of a rel

    Filed under:
    India, Arbitration & ADR, Banking, Capital Markets, Company & Commercial, Competition & Antitrust, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Media & Entertainment, Real Estate, DSK Legal, Private equity, Sexual harassment, Due diligence, Workplace harassment, Artificial intelligence, Machine learning, Reserve Bank of India, Google, Securities and Exchange Board of India, Recovery of Debts and Bankruptcy Act 1993 (India)
    Location:
    India
    Firm:
    DSK Legal
    Restructuring - Australian Retail & Hospitality Series: Part 2 - Creative Restructuring Approaches: What’s Working in Retail & Hospitality Administrations
    2025-07-03

    The retail and hospitality sector in Australia remains relatively steady in terms of financial performance. However, retailers, including those in hospitality, continue to be faced with some persistent headwinds and difficult trading conditions. In our three (3) part series, we cover some of the challenges facing Australian businesses in the sector, including those exposed to external administrations, the strategies that are working via administration, and how early intervention and turnaround strategies can help preserve long term enterprise value for stakeholders.

    Filed under:
    Australia, Insolvency & Restructuring, Bird & Bird, Private equity
    Authors:
    Masi Zaki , Kate Spratt
    Location:
    Australia
    Firm:
    Bird & Bird
    Clarification of equitable subordination risks by Swiss Federal Supreme Court
    2025-05-16

    In a recent decision, the Swiss Federal Supreme Court has clarified equitable subordination risks in connection with shareholder loans. The key takeaways are as follows:

    Filed under:
    Switzerland, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Lenz & Staehelin, Private equity
    Authors:
    Tanja Luginbühl , Marcel Tranchet , Matthias Wolf
    Location:
    Switzerland
    Firm:
    Lenz & Staehelin
    “Related Party” Creditor Under IBC: Making A Case For Purposive Interpretation
    <br>
    2025-02-18

    The Insolvency and Bankruptcy Code, 2016 (“Code”), has marked a significant shift in India’s corporate insolvency landscape, transitioning from a debtor-centric approach to a creditor-centric approach. With the committee of creditors (“CoC”) now driving the resolution process, it has become imperative for “related parties”, likely to sabotage the resolution process of a corporate debtor, to be excluded from the same.

    Filed under:
    India, Insolvency & Restructuring, Litigation, Cyril Amarchand Mangaldas, Private equity, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Raunak Dhillon , Aishwarya Gupta , Angela Dua
    Location:
    India
    Firm:
    Cyril Amarchand Mangaldas
    To stake or not to stake: GP staking vs. alternative liquidity solutions
    2025-01-23

    Historically, a GP’s source of liquidity was self-generated. Whether through management fees or house carry, sources of cash for a sponsor came from within the sponsor’s structure. This, not surprisingly, places inherent limitations on the manager’s ability to grow the business, facilitate succession planning and achieve other strategic objectives.

    Filed under:
    Canada, Insolvency & Restructuring, Torys LLP, Private equity
    Authors:
    Danielle Kline (Traub) , Grace Mangusso
    Location:
    Canada
    Firm:
    Torys LLP
    Do You Have Debt and Need to Discharge It? A Comprehensive Guide to Debt Relief Under UAE and International Law
    2024-11-06

    Introduction

    Debt relief is a critical topic, especially for individuals and companies facing financial hardships that may affect their stability. Recently, the UAE has implemented clear legislative frameworks, as have some international laws, to help facilitate debt relief or restructuring. This article covers the legal procedures available, focusing on UAE legislation and international regulations, along with real-world cases and examples.

    First: Debt Discharge Under UAE Law

    Filed under:
    United Arab Emirates, Insolvency & Restructuring, Al Mazrouei Advocates, Private equity, Debt relief, Liquidation, Insolvency, UNCITRAL, United Nations Commission on International Trade Law, Commercial Bank of Qatar
    Location:
    United Arab Emirates
    Firm:
    Al Mazrouei Advocates

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