Participation agreements, in the form promulgated by The Loan Syndications and Trading Association, Inc. (LSTA), are widely regarded as dependable vehicles for conveying loan ownership interests from a lender to a participant as “true sales” in the United States. But
Restructuring Matters
Restructuring Matters, published by Crowell & Moring LLP, focuses on legal issues related to corporate restructuring, bankruptcy, and insolvency. The blog covers topics such as personal guarantees in lending, regulatory changes affecting insolvency practitioners, significant bankruptcy cases and rulings, liability management exercises, and enforcement of laws impacting distressed companies. It also addresses sector-specific challenges, including retail bankruptcies and supply chain issues, as well as cross-border insolvency matters like Chapter 15 eligibility. The content provides updates on legal developments, court decisions, and regulatory frameworks that influence restructuring strategies and creditor protections.
Latest from Restructuring Matters - Page 4
Fifth Circuit Refuses to Invalidate Personal Guarantee for Undue Duress
Does a lender’s demand for the appointment of a Chief Restructuring Officer (or CRO) by its borrower constitute “undue duress” for purposes of invalidating a personal guarantee? That question was before the Fifth Circuit in Lockwood International, Inc. v. Wells…
Delaware Bankruptcy Court Provides Guidance on the Treatment of Appraisal Rights and Section 510(b) of the Bankruptcy Code
The Delaware Bankruptcy Court (“Bankruptcy Court”) recently issued a ruling that provides additional clarity regarding the treatment of “appraisal rights” in bankruptcy proceedings and the scope of section 510(b) of the Bankruptcy Code. In In re RTI Holding Company, LLC,…
The Return of Crown Preference – Another blow for Floating Charge Holders
By Cathryn Williams, Paul Muscutt and Beth Bradley of the London Crowell Restructuring Team.
The Insolvency Act 1986 (HMRC Debts: Priority on Insolvency) Regulations 2020 (SI 2929/983) (the Regulations) were made on 11 September 2020 and will come…
The Corporate Insolvency and Governance Act: The Moratorium and just how “super” is Super Priority?
By Cathryn Williams, Paul Muscutt, Andrew Knight and Beth Bradley
Following our recent post (https://www.restructuringmatters.com/?p=2017&preview=true) on the new Corporate Insolvency and Governance Act 2020 (“the Act”), we now take a closer look at the moratorium and the effects on…
All change – wide-ranging reforms to UK Insolvency Law
By Cathryn Williams, Paul Muscutt and Beth Bradley
The full implications of COVID-19 may not be known for some time, but it has had an immediate impact upon UK insolvency law. The government has expedited the Corporate Insolvency and Governance…
Crowell & Moring – Restructuring Capabilities to Combat the Impact of COVID-19
In these unprecedented times, all businesses will be facing issues they have never encountered before. The disruption caused by the measures imposed to combat the COVID-19 outbreak are significant and wide-reaching, impacting every business and its suppliers, customers, workforce, investors…
Potential Reforms to UK Insolvency Law to Protect Businesses and Directors
It has been reported in the press that the UK government is considering emergency legislation to reform UK insolvency laws to protect companies and directors impacted by the measures taken to combat the COVID-19 virus. The Crowell & Moring Restructuring…
The Coronavirus Business Interruption Loan Scheme
The Crowell & Moring Finance and Restructuring team have issued an alert on the operation of the Coronavirus Business Interruption Loan Scheme, including an explanation as to who can apply and the type and extent of funding available. A link…
Crowell & Moring Releases Regulatory Forecast 2020 — Learn Why Antitrust Investigations into Big Tech Impact Corporate Sector
Crowell & Moring has released its Regulatory Forecast 2020: What Corporate Counsel Need to Know for the Coming Year, a report that explores the impact of regulatory changes on the technology industry and other sectors, and provides insight into…