The decision of the Court of Appeal in Glint Pay Ltd. v Baker[1]has opened the door to scrutiny of appointers’ purposes when making out of court appointments of administrators. Whether the appointment was motivated by improper purposes in
Restructuring Globalview, published by Squire Patton Boggs, focuses on legal developments and practical issues in corporate restructuring and insolvency. The blog covers topics such as restructuring plans, creditor rights, fairness in value allocation, interim and final charging orders, administration expenses, and the impact of insolvency on enforcement actions. It discusses key court decisions and principles affecting restructuring processes, creditor negotiations, and insolvency proceedings in jurisdictions including the UK and the US. The blog also addresses the interplay between insolvency law and contractual obligations, providing insights relevant to practitioners handling complex restructuring and insolvency matters.
The decision of the Court of Appeal in Glint Pay Ltd. v Baker[1]has opened the door to scrutiny of appointers’ purposes when making out of court appointments of administrators. Whether the appointment was motivated by improper purposes in…
The case of Valeriy Ernestovich Drelle v Service-Terminal LLC[1] has, over recent years, caused lots of debate over whether unrecognised, unregistrable foreign judgments could form the basis of a bankruptcy petition pursuant to sections 267 and 268 of the…
The court was asked to assist the joint liquidators of Float Capital[1] (the Company) in circumstances where it was inappropriate to seek creditor approval under Part 18 of the Rules. This was because the majority creditor of the Company,…
On remand from the Fifth Circuit, the Bankruptcy Court for the Southern District of Texas (the “Court”) held in the Serta Simmons Bedding (“Serta”) liability management exercise (“LME”)[1] dispute that a credit agreement’s pro-rata sharing provision applied to…
When placing a company into Members’ Voluntary Liquidation (“MVL”), the statutory declaration of solvency is not simply a box‑ticking exercise. The recent High Court judgment in Greenbank Technology Ltd (in liquidation) serves as a stark reminder that a statutory declaration…