Restructuring Plans, Creditor Schemes, and Other Restructuring Tools (Book and Digital Pack)
Restructuring Plans, Creditor Schemes, and Other Restructuring Tools (Book and Digital Pack)

Author: Geoff O'Dea

Publisher: Oxford University Press, USA

Published: 2022-03-22

Total Pages: 0

ISBN-13: 9780192845764

DOWNLOAD EBOOK

This timely new work provides the most comprehensive coverage of debt restructuring tools available in the UK including analysis of the new restructuring plan under Part 26A of the Companies Act 2006 and emerging themes from related precedent case law. The book is the first of its kind to provide a comprehensive analysis of the new restructuring plan. Part A explains the law and practical application of the main types of creditor schemes of arrangement and restructuring plans in the UK. It analyses the tools available to market participants and other key stakeholders by reference to the capital structures most commonly seen in middle market and top tier European financings. Part B provides a comparative analysis between company voluntary arrangements (including recent case law) and schemes and restructuring plans to enhance the reader's understanding of the implications of the various tools available. Part C covers administration and receivership sales and appropriations under the Financial Collateral Arrangements Regulations for private and public companies, written from the perspective of a practitioner with practical issues in mind. The primary subject matters of the book are complemented by chapters analysing the distressed disposals regime in the Loan Market Association form of Intercreditor Agreement, liability management transactions under high yields nots/bonds, and scheme/restructuring plan-related pensions issues. This work is essential reading for all insolvency and debt finance lawyers advising on financial restructurings in the UK and Ireland. It provides practitioners involved in new money lending with a greater understanding of the consequences that transaction structuring and commonly negotiated features (e.g, debt incurrence regimes and other covenants, controls and carve-outs) may have in a workout scenario. This product includes a copy of the hardback and a digital version available on PC, Mac, Android devices, iPad, or iPhone for quick and easy access wherever you are.

Pre-insolvency Proceedings
Pre-insolvency Proceedings

Author: Nicolaes Tollenaar

Publisher:

Published: 2019

Total Pages:

ISBN-13: 9780192560001

DOWNLOAD EBOOK

This timely new work evaluates the law regarding pre-insolvency proceedings, and in particular, the terms of the 2017 EU Directive. Setting the law in context, the book provides a conceptual framework for ideal practice, illustrating the implications of the new regime with specific practical examples.

Financing Company Group Restructurings
Financing Company Group Restructurings

Author: Gregor Baer

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 0

ISBN-13: 9780198738466

DOWNLOAD EBOOK

This book provides the first comprehensive treatment of out-of-court restructuring and post-commencement insolvency financing in the corporate group setting, domestically and internationally. Bringing together a collection of distinguished contributors-academics and practitioners at the forefront of insolvency practice and law reform efforts-the book addresses and critiques "state of the art" practice and work-arounds for financing out-of-court restructurings as well as judicial reorganisations, going-concern liquidations and administration proceedings of financially distressed global business groups. The book opens with a detailed introduction from the editors which provides an overview of domestic law issues and an exploration of principles guiding judicial and administrative cooperation to facilitate group financing in cross-border cases. The final section analyzes regional and global law reform and harmonisation progress to date. This book is a valuable resource for practitioners who must structure (and courts that must approve) financing for global enterprise groups in reorganisation. With another wave of global corporate group failures anticipated, practitioners, courts and policy makers are well served by a work describing cutting-edge advances in this field in domestic and cross-border cases.

The Law and Practice of Restructuring in the UK and US
The Law and Practice of Restructuring in the UK and US

Author: Shai Y. Waisman

Publisher: Oxford University Press, USA

Published: 2011-04-07

Total Pages: 535

ISBN-13: 0199583773

DOWNLOAD EBOOK

The Law and Practice of Restructuring in the UK and US is a practical guide to the restructuring of corporate debt and associated restructuring issues such as employees and pensions, from the perspective of both UK and New York law, the dominant systems of law in the world commercial and financial markets. At a time when many companies are looking at renegotiating and restructuring their debt agreements, this book provides a timely analysis of current techniques and likely developments in the field of corporate restructuring. An expert contributor team from both the US and UK combine their practical experience to cover all aspects of corporate restructuring. Through vivid exposure of the differences between the two jurisdictions, this book considers likely developments in the corporate restructuring landscape, for example the US Chapter 11 paradigm, as well as addressing lessons learned from past issues which are likely to feed into future develompents With coverage of techniques available to both stressed and distressed companies, as well as looking at specialist markets and key stakeholders, The Law and Practice of Restructuring in the UK and US is an invaluable guide for banking, finance and insolvency practitioners and their clients, both financial institutions and companies looking to restructure debt, as well as global accountancy firms and law and business schools worldwide.

Corporate Reorganisation Law and Forces of Change
Corporate Reorganisation Law and Forces of Change

Author: Sarah Paterson

Publisher: Oxford University Press, USA

Published: 2020-09-18

Total Pages: 321

ISBN-13: 0198860366

DOWNLOAD EBOOK

This book sets out a new approach to identifying and resolving corporate law's normative concerns, establishing new methodology through detailed analysis of key changes in market practice. Paterson adopts a comparative UK/US approach in analysing the process of institutional change, providing important lessons for global legal harmonisation.

Company Charges
Company Charges

Author: Joshua Getzler

Publisher: OUP Oxford

Published: 2006-08-24

Total Pages: 0

ISBN-13: 9780199299935

DOWNLOAD EBOOK

This timely new work is a collection of essays focusing on different aspects relating to the recent case of Spectrum Plus. The House of Lords decision in Spectrum has generated a lot of interest in the profession and has important commercial implications for the business community as well as altering the position on charges given over book debts. These amongst other issues are discussed by the various contributors.

Treatment of Contracts in Insolvency
Treatment of Contracts in Insolvency

Author: Dennis Faber

Publisher: OUP Oxford

Published: 2013-10

Total Pages: 0

ISBN-13: 9780199668366

DOWNLOAD EBOOK

This book provides detailed analysis of the affect of insolvency on contractual obligations and relationships in the main commercially significant jurisdictions.

Proprietary Rights and Insolvency
Proprietary Rights and Insolvency

Author: Richard Calnan

Publisher: Oxford University Press, USA

Published: 2016

Total Pages: 445

ISBN-13: 9780198759386

DOWNLOAD EBOOK

"This topical title explains the circumstances in which a creditor of an insolvent debtor can take priority over other creditors by claiming a proprietary interest in assets held by the debtor. It focuses on the situation where the proprietary interests are created by operation of law or implied from the arrangements between the parties, rather than by express transfer or taking of security. The book clarifies the current state of the law in an important area of insolvency law (especially in times of economic crisis) where the law is not settled, taking into account the latest developments in case law, and suggesting how it might be simplified by going back to first principles, such as the way proprietary interests are transferred at common law and in equity. The book concerns both insolvency law and property law, being essentially concerned with the limits of the law of property, marking out its boundary with the law of obligations. It is of particular importance in common law systems because of the nature of equitable proprietary interests, and includes reference to Commonwealth authorities where relevant, including Australia, New Zealand and Canada. This work provides a structured and principled analysis of the topical and important area of creditors' proprietary rights in the event of insolvency of a debtor"--Provided by publisher.

International Cooperation in Bankruptcy and Insolvency Matters
International Cooperation in Bankruptcy and Insolvency Matters

Author: Bob Wessels

Publisher: Oxford University Press

Published: 2009

Total Pages: 285

ISBN-13: 0195340175

DOWNLOAD EBOOK

International Cooperation in Bankruptcy and Insolvency is published in cooperation with the International Insolvency Institute and the American College of Bankruptcy. The Honorable Bruce A. Markell, Dr. Bob Wessels and Prof. Jason Kilborn provide readers with invaluable insights into the origin, development and future of communication and cooperation in cross-border insolvency cases between insolvency practitioners and the courts. The globalization of the world's economy has led to highly complex international aspects of financial reorganization and restructuring. This publication analyzes the structures, systems, and practices that have developed and are quickly emerging to coordinate and enhance international administrations.

Applications to Wind Up Companies
Applications to Wind Up Companies

Author: Derek French

Publisher: Blackstone Press

Published: 1993

Total Pages: 404

ISBN-13: 9781854312907

DOWNLOAD EBOOK

An application to wind up a company is one of the most common legal proceedings. Most are routine, but many are fiercely contested and involve important questions of law and the exercise of the court's discretion. The law which is applied to winding up applications is the same in a large number of jurisdictions, including England and Wales, Scotland, Northern Ireland, the Republic of Ireland, Australia, Canada, Hong Kong, India, Malaysia, New Zealand and Singapore. This book states that law, analyzing morethan 1500 cases from England and other jurisdictions in the context of the English procedure for petitioning for winding up. As well as companies registered under the Companies Act, the book deals with petitions to wind up a large variety of other entities, including foreign companies, insolventpartnerships, friendly societies and building societies. Derek French is the co-author of "Mayson, French and Ryan on Company Law".