Speed Read
The Court of Appeal in London today gave judgment in the Waterfall I Appeal, a dispute as to the distribution of the estimated £7 billion surplus of assets in the main Lehman operating company in Europe, Lehman Brothers International (Europe) (LBIE).
LBIE entered administration on 15 September 2008 and has now paid its unsecured creditors 100p for every £1 owed. The Waterfall I Appeal addressed some of the key issues as to who should receive the surplus, which we discuss below.
Currency Conversion Claims
Jetivia S.A. and another v Bilta (UK) Limited (in liquidation) and others [2015] UKSC 23
Insolvency practitioners and creditors alike will welcome the decision handed down by the Supreme Court on 22 April 2015. It reduces the wiggle room given to delinquent directors of insolvent companies when claims are brought against them, and confirms the extra-territorial effect of claims against third parties under the fraudulent trading provisions in section 213 of the Insolvency Act 1986 (the “Act”).
Background & Facts
Valuation Valuation issues tend to be at the heart of any intercreditor dispute in a restructuring. And the art of valuation becomes absolutely critical in the context of a scheme, because creditors with no economic interest need not be invited to vote on a scheme which seeks to compromise creditor claims1 .
Recent Developments
Europe has struggled mightily during the last several years to triage a long series of critical blows to the economies of the 27 countries that comprise the European Union as well as the collective viability of euro-zone economies. Here we provide a snapshot of some recent developments relating to insolvency and restructuring in the EU.
Recent Developments
Recent Developments
Europe has struggled mightily during the last several years to triage a long series of critical blows to the economies of the 28 countries that comprise the European Union, as well as the collective viability of eurozone economies. Here we provide a snapshot of some recent developments regarding insolvency, restructuring, and related issues in the EU.
The ongoing global financial crisis has resulted in a number of debt restructuring transactions as a result of companies being unable to meet with their debt obligations. In distressed situations, issuers typically seek investor consent to amend existing terms and conditions, often to relax covenants, reschedule payments, limit events of default and remove restrictions on raising further capital.