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    Should the UK adopt Cape Town’s Alternative A Insolvency regime? Lessons from the US and Canada
    2014-12-11

    This article first appeared in the December 2014 edition of Corporate Rescue & Insolvency journal. Written by Deepak Reddy in Dentons' New York office, Carlo Vairo in Dentons’ Toronto office and Alexander Hewitt in Dentons' London office.

    Key Points

    Filed under:
    Canada, United Kingdom, USA, Aviation, Insolvency & Restructuring, Dentons
    Authors:
    Alexander Hewitt
    Location:
    Canada, United Kingdom, USA
    Firm:
    Dentons
    Government to push ahead with bank accounts for bankrupts reform
    2012-12-14

    The Government has fed back on the responses to DBIS’s consultation on the effect of bankruptcy on the ability to access a basic bank account. Responses to the consultation have shown that only 27% of people subject to a bankruptcy order are able to retain their bank account. A bank's decision not to offer a bank account to a bankrupt is mainly based on the bankrupt's credit record, rather than on the risk of the trustee making a claim against the bank, a risk that the consultation process has shown is more perceived than real.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Bankruptcy
    Authors:
    Andrew Barber
    Location:
    United Kingdom
    Firm:
    Dentons
    US bankruptcy automatic stay thwarts UK proceedings by the Pension Regulator
    2012-01-23

    On December 29, 2011, the US Court of Appeals for the Third Circuit issued an opinion in the chapter 11 bankruptcy case In re Nortel Networks, Inc., holding that the "automatic stay" on creditor collection actions outside the bankruptcy applied to prevent the UK Pension Protection Fund and the Trustee of the UK Nortel Pension Plan from participating in UK pensions proceedings initiated by the UK Pensions Regulator.

    Filed under:
    United Kingdom, USA, Employee Benefits & Pensions, Insolvency & Restructuring, Litigation, Dentons, Bankruptcy, Debtor, Pension Protection Fund, United States bankruptcy court, Third Circuit
    Authors:
    Elmer Doonan , Carole Neville , Andrew Patten , Robert E. Richards
    Location:
    United Kingdom, USA
    Firm:
    Dentons
    When trade finance meets insolvency
    2011-03-04

    There has been an upturn in the frequency of trade finance workouts, restructurings and formal insolvencies. Susan Moore and Luci Mitchell-Fry look at some key issues that banks face when trade finance lending passes to "bad bank".

    The bank's decisions at every stage of a trade finance transaction are critical: at origination; when following a workout/restructuring; and once a formal insolvency process becomes a reality.

    Origination

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Dentons, Debtor, Collateral (finance), Credit risk, Liquidation, Payment protection insurance
    Authors:
    Susan Moore , Luci Mitchell-Fry
    Location:
    United Kingdom
    Firm:
    Dentons
    UNCITRAL Practice Guide on Cross-Border Insolvency Cooperation
    2010-02-03

    Summary

    On 1 July 2009, UNCITRAL adopted the Practice Guide on Cross-Border Insolvency Cooperation. The Practice Guide provides a useful reference source on some practical aspects of cooperation and communication to deal with many of the conflicts and tensions between stakeholders and jurisdictions inevitable in cross-border cases. To ease these tensions, it is often essential for creditors and, importantly, the courts concerned to reach agreement about how the process will be handled.

    International context

    Filed under:
    Global, United Kingdom, Arbitration & ADR, Insolvency & Restructuring, Dentons, Confidentiality, Consideration, UNCITRAL, European Commission, United States bankruptcy court
    Authors:
    Sarah Lawson
    Location:
    Global, United Kingdom
    Firm:
    Dentons
    The new pre-pack evaluator's report: lessons learned
    2021-12-09

    In this article, Dentons gives its inside view on the pre-pack evaluator's report, made compulsory earlier this year to improve the confidence of creditors in pre-pack administration sales to connected persons. We consider the practicalities of selecting the right evaluator for the job, the potential for "opinion shopping" from evaluators and whether these new regulations have achieved what was intended.

    A recap on pre-packs

    Filed under:
    United Kingdom, Insolvency & Restructuring, Dentons, Due diligence
    Authors:
    Neil Griffiths , Jonathan Sears , George Savage
    Location:
    United Kingdom
    Firm:
    Dentons
    Supreme Court reinstates adjudication as a key tool for liquidators
    2020-06-30

    An unfortunate but inevitable consequence of the economic downturn induced by COVID-19 is that an increasing number of construction companies will enter into insolvency. In Bresco Electrical Services Ltd (in liquidation) v. Michael J Lonsdale (Electrical) Ltd [2020] UKSC 25, the Supreme Court has provided some respite to contractors in liquidation by finally confirming their unfettered right to refer construction disputes for resolution by adjudication.

    Filed under:
    United Kingdom, Arbitration & ADR, Construction, Insolvency & Restructuring, Litigation, Dentons, Dispute resolution, Coronavirus, UK Supreme Court
    Authors:
    Ian Fox , George Harris
    Location:
    United Kingdom
    Firm:
    Dentons
    New EU assignment regulation has first reading in European Parliament but serious flaws remain
    2019-04-04

    Receivables financiers, lenders taking security assignments over contractual rights, participants in the secondary loan market and others have an interest in:

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Derivatives, Insolvency & Restructuring, Public, Securitization & Structured Finance, Dentons, Brexit
    Authors:
    Alexander Hewitt
    Location:
    European Union, United Kingdom
    Firm:
    Dentons
    A review of the Corporate Insolvency Regime
    2016-07-14

    On 25 May, the Insolvency Service published a consultation paper on options for reform of the UK's corporate insolvency regime. Their impetus is for the UK to remain at the forefront of insolvency best practice to ensure businesses, investors and creditors remain confident that best outcomes can be achieved when faced with financial difficulty, and to give a company the best possible chance to restructure its debts and return to profitability while protecting employees and creditors.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Dentons, Debt
    Authors:
    Ian Fox , Neil Griffiths , Will Gunston , Sarah Lawson
    Location:
    United Kingdom, USA
    Firm:
    Dentons
    Disclaimer and rates liability
    2014-07-17

    Schroder Exempt Property Unit Trust and another v. Birmingham City Council [2014] EWHC 2207

    Summary

    A landlord is liable for business rates where a tenant's lease is disclaimed, even if the landlord does not take possession of the property following a disclaimer.

    Background

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Landlord, Leasehold estate
    Authors:
    Bryan Johnston
    Location:
    United Kingdom
    Firm:
    Dentons

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