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Searching Content indexed under Financial Restructuring by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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Empty Second Charge Holder can Share in the Prescribed Part
In the recent decision of Re PAL SC Realisations 2007 Ltd [2010] EWHC 2850 (Ch), the Court confirmed that a secured creditor of a company, which is in administration or liquidation, whose security is valueless, can release the security in its entirety and share in the "prescribed part" in respect of its (formerly secured) debt.
UK
15 Dec 2010
2
Words Not Clear Enough To 'Wash Off' Junior Creditors
A recent case will be of interest to all those involved in negotiating the restructuring of groups of companies labouring under too much debt where there is a hierarchy of lenders.
UK
7 Oct 2010
3
Restructuring Aid For POLFA
The European Commission has approved a PLN 40.5 million (c. €10 million) loan from Poland for the restructuring of Tarchominskie Zakłady Farmaceutyczne "POLFA" S.A.
Poland
4 Jan 2010
4
A Car Wash For Mezzanine Lenders?
The High Court yesterday gave its much-awaited judgment in the IMO Car Wash case. This case concerned a group of mezzanine lenders’ challenge to a scheme of arrangement (the “Scheme”).
UK
13 Aug 2009
5
Cross Border Mergers - An Alternative Form Of Restructuring
UK companies with European businesses looking to restructure are able to take advantage of a new procedure in the UK, as an alternative to a business transfer, which enables a UK company to merge with a company in a different European Economic Area ("EEA") state.
UK
8 Jul 2009
6
Guarantees: Rights Of Subrogation
The High Court has provided further guidance on when a guarantor may use its right of subrogation to recover monies paid under a guarantee, which will be useful to bankers providing and seeking guarantees and to insolvency practitioners interested in their implications.
UK
20 Dec 2007
7
Secured Creditor Can Intervene In Charged Property Before Enforcement
This case is a reminder of how extensive a secured creditor’s rights can be in respect of the charged property, even before the right to enforce arises.
UK
1 Feb 2007
8
Insolvency Practitioners Should Strike Early To Strike Out
Following a liquidation or other insolvency procedure, insolvency practitioners may find themselves in the line of fire from disappointed claimants. As a result IPs, are often the targets for complaints and subsequently, litigation; in many respects this goes with the territory.
UK
5 Dec 2006
9
Office Holders’ Remuneration
It is not often that office holders’ remuneration comes before a court. For many sorts of office holder there are provisions for the remuneration to be agreed with a committee or the creditors generally. SIP 9 provides guidance on the information to be provided to such bodies. In the last resort application can be made to the court.
UK
4 Dec 2006
10
BAIC Scheme of Arrangement: sanction refused
Judgment in the case of the British Aviation Insurance Company Limited ("BAIC") was given on 21 July 2005. The judge refused to sanction the scheme of arrangement proposed by BAIC to its creditors under section 425 of the Companies Act 1985.
UK
4 Aug 2005
11
Spectrum Plus - House of Lords decides that the bank´s charge over book debts was floating rather than fixed
This morning, the House of Lords judges gave their decision in National Westminster Bank plc v Spectrum Plus Limited and others [2005] UKHL 41.
UK
1 Jul 2005
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