In a decision regarding the use of equity rights offerings with potentially significant ripple effects across the restructuring industry, Judge Andrew Hanen of the United States District Court for the Southern District of Texas reversed Bankruptcy Judge Christopher Lopez’s order
Latest from Restructuring Globalview - Page 6
Waldorf – Another UK Restructuring Plan is Declined Sanction on the Basis of Fairness and Judicial Discretion
The High Court has refused to use its discretion to sanction a restructuring plan proposed by Waldorf Production UK Plc (Waldorf or the Company) which entailed a cramdown of the company’s unsecured creditors pursuant to Part 26A of the Companies
MVLs and Issuing Notices of Intended Dividends (UK)
HMRC has issued new guidance explaining its expectations for the proportionate and appropriate use of Notices of Intended Dividends (NOIDs) in an MVL in light of what it says are challenges created by practitioners issuing a NOID at the start
Second Circuit Clarifies Direct vs. Derivative Claims in Bankruptcy Dispute (US)
On March 4, 2025, the U.S. Court of Appeals for the Second Circuit issued a precedential decision in Little Hearts Marks Family II L.P. v. Carter (In re 305 East 61st Street Group LLC), 130 F.4th 272 (2d Cir. 2025),
Impact on Bankruptcy Injunctions Following Supreme Court’s Trump v. CASA Decision
On June 27, 2025, the U.S. Supreme Court issued its decision in Trump v. CASA, Inc.,[1] which materially limited the ability of federal courts to issue so-called “universal” or “nationwide” injunctions. Injunctions are common in bankruptcy cases, sometimes at the outset
The Italian Court Confirms that the Principle of Competitiveness in Buyer Selection During Negotiated Business Crisis Settlements cannot be Dispensed with
The negotiated settlement procedure introduced by the Italian Code of Business Crisis and Insolvency (“CCII”), is a tool designed to facilitate the recovery of financially distressed companies through consensual, out-of-court solutions.
Under Article 22(1)(d) of CCII, an entrepreneur may request
The Genius Act and the Law of Unintended Consequences: Are Stablecoin Issuers Going to Be Boxed Out of Bankruptcy? (US)
On July 18, 2025, President Trump signed into law the Guiding and Establishing National Innovation for U.S. Stablecoins Act, otherwise known as the GENIUS Act. The purpose of the GENIUS Act is to establish a comprehensive regulatory framework for stablecoins
Sberbank CZ – the biggest Czech Bank Insolvency Case
Background
Sberbank CZ was an indirect subsidiary of the Russian state-owned bank Sberbank. In 2020, it was the 10th largest Czech bank by assets and had a total of 95,000 individuals and 11,000 companies on its client list. Its rapid
Stays on “actions” or “proceedings” when a company is in liquidation – what does this mean for secured creditors? (UK)
In a short, but helpful judgment the court considered whether the stay imposed by s130(2) of the IA 1986 on actions or proceedings against a company in liquidation applied to a secured creditor exercising its power of sale. In confirming
Update on Litigation Funding as UK Court of Appeal Considers the terms of a Litigation Funding Agreement (UK)
The ability to fund insolvency litigation can make a significant difference to realisations in an insolvent estate. Although many claims are now assigned to specialist funders (where the funder both runs and funds the claim) some insolvency practitioners have (at