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    European focus—understanding “centre of main interests”: where are we?
    2007-10-01

    2002 was a seminal year for restructuring and insolvency professionals in the U.K. In November of that year, the eagerly anticipated Enterprise Act of 2002, which was intended to lay the statutory foundations for the “rescue culture,” received royal assent. Six months earlier, with considerably less fanfare, the EC Regulation on Insolvency Proceedings (EC No. 1346/2000) (the “Regulation”) was introduced throughout the EU (except Denmark). A clear understanding of how these twin pieces of law operate is crucial when reviewing a stakeholder’s options once a company becomes distressed.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Jones Day, Legal personality, Debtor, Hedge funds, Forum shopping, European Commission
    Location:
    United Kingdom
    Firm:
    Jones Day
    Euroresource--deals and debt
    2013-06-28

    Recent Developments

    Filed under:
    Argentina, Germany, United Kingdom, USA, Insolvency & Restructuring, Litigation, Tax, Jones Day, Debtor, Debt, HM Treasury (UK)
    Authors:
    Corinne Ball , Laurent Assaya , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré
    Location:
    Argentina, Germany, Macau, United Kingdom, USA
    Firm:
    Jones Day
    Comparison of Chapter 11 United States Bankruptcy Code
    2007-08-02

    Chapter 11 focuses on preserving reorganization or going concern value over liquidation value. As a corollary, Chapter 11 assumes that the most efficacious way to achieve that result is to retain management and enable multiple outcomes either through a plan of reorganization, a series of going concern sales and even a liquidating plan. Chapter 11 enables a wide range of proposals to be put into a reorganization plan, including having the company and its management survive the process.

    Filed under:
    France, Germany, Italy, United Kingdom, USA, Insolvency & Restructuring, Jones Day, Liquidation, Precondition, Title 11 of the US Code
    Location:
    France, Germany, Italy, United Kingdom, USA
    Firm:
    Jones Day
    European perspective in brief
    2013-06-01

    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 eurozone economies. Here we provide a snapshot of some recent developments relating to insolvency and restructuring in the EU.

    Filed under:
    European Union, United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, Liquidation, Balance sheet, Insolvency Act 1986 (UK), UK Supreme Court, United States bankruptcy court
    Authors:
    Mark G. Douglas
    Location:
    European Union, United Kingdom
    Firm:
    Jones Day
    Solvent restructuring of Dana’s U.K. pension liabilities
    2007-08-02

    Ohio-based, 102-year-old automobile parts manufacturer Dana Corporation and 40 of its subsidiaries filed for chapter 11 protection in the U.S. in March 2006. Dana’s operations, however, extend well beyond the borders of the U.S. — the company has 46,000 employees in 28 countries. Integrating a complex restructuring of Dana’s U.S. operations in chapter 11 with Dana’s extensive operations and obligations abroad has posed some unique challenges to Jones Day’s restructuring professionals.

    Filed under:
    United Kingdom, USA, Insolvency & Restructuring, Jones Day, Debt, Consent, Liability (financial accounting), Balance sheet, Defined benefit pension plan, Pension Protection Fund, The Pensions Regulator, Pension Benefit Guaranty Corporation
    Location:
    United Kingdom, USA
    Firm:
    Jones Day
    EuroResource--deals and debt
    2013-04-29

    Recent Developments

    Filed under:
    Argentina, France, United Kingdom, USA, Banking, Insolvency & Restructuring, Litigation, Tax, Jones Day, Bond (finance), Hedge funds, Debt, Default (finance), UNCITRAL, Second Circuit
    Authors:
    Corinne Ball , Laurent Assaya , David Roger , Dr. Olaf Benning , Víctor Casarrubios , Juan Ferré
    Location:
    Argentina, Cyprus, France, United Kingdom, USA
    Firm:
    Jones Day
    European perspective in brief
    2012-12-01

    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 eurozone economies. Here we provide a snapshot of some recent developments relating to insolvency and restructuring in the EU.

    Filed under:
    European Union, Spain, United Kingdom, Insolvency & Restructuring, Litigation, Jones Day, Common law
    Authors:
    Mark G. Douglas
    Location:
    European Union, Spain, United Kingdom
    Firm:
    Jones Day
    EuroResource--deals and debt
    2012-11-08

    Global—On 26 October 2012, the U.S. Court of Appeals for the Second Circuit, in a ruling that may impact sovereign debt restructurings, upheld a lower court order enjoining Argentina from making payments on restructured defaulted debt without making comparable payments to bondholders who did not participate in the restructuring.

    Filed under:
    Spain, United Kingdom, USA, Insolvency & Restructuring, Litigation, Jones Day, Bond (finance), Injunction, Security (finance), Debt, Default (finance), Second Circuit
    Authors:
    Corinne Ball
    Location:
    Spain, United Kingdom, USA
    Firm:
    Jones Day
    U.K. Government Publishes Guidance on Corporate Governance in Insolvency
    2018-04-05

    Following a number of corporate governance failures in situations of insolvency, the Government has published a consultation paper (located here) aimed at cracking down on directors and employers behaving irresponsibly.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Corporate governance
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)
    From Across the Pond: The BHS Saga Continues - Can a Company Voluntary Arrangement (CVA) Ever Permanently Vary the Terms of a Lease?
    2018-03-26

    Article Summary:

    In Wright (and another) (as joint liquidators of SHB Realisations Ltd (formerly BHS Ltd) (in liquidation)) v Prudential Assurance Company Ltd, the court held that, when the BHS CVA terminated, the landlord was entitled to claim the full rent due under its lease. With more recent retail CVAs seeking to push the envelope even further, is the continued compromise of landlord creditors post-CVA the next issue to be tested in the courts?

    Filed under:
    United Kingdom, Insolvency & Restructuring, Bryan Cave Leighton Paisner (Bryan Cave), Liquidation
    Authors:
    Simon Clarke , Sophie Taylor
    Location:
    United Kingdom
    Firm:
    Bryan Cave Leighton Paisner (Bryan Cave)

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