Law and Practice of Restructuring in the UK and Us

Municipalities facing fiscal crisis often make difficult choices, attempting to balance their financial obligations with obligations to deliver critical services, such as public safety, education, and health, as well as water, sewer, and transportation. This manual provides an overview of Chapter 9 Federal bankruptcy code laws; the role of bankruptcy code in chapter 9 cases; roles of judges, the state, and other major stakeholders --such as lenders, bondholders, lessors, employees, retirees, trade creditors, and more. It also provides general guidance about municipal accounting practices, budgeting, municipal and revenue bonds, claims process, and the paths for Chapter 9 cases that are reviewed through this Federal court. It also provides an adequate differentiation between Chapter 9 and Chapter 11 bankruptcy court proceedings, and filings.<br /> <br /> Bankruptcy attorneys, especially lawyers representing executives, staff, and clients such as public hospitals, transportation districts, public utilities, or public schools and other debtors may be interested in this volume. Students pursuing coursework in bankruptcy law and public administration may also be interested in this volume for research. <br /><br /> Check out Related products;<br />Laws and Regulations collection<br />Business & Finance resources collection<br /> Other products produced by the Judicial Branch & Federal Courts<br /> <br />

This is the most comprehensive book focusing on the law and practice of Company Voluntary Arrangements (CVAs), bringing together analysis of the recent case law and legislation in one volume. <p/>CVAs originated in the 1980s as a simple restructuring tool for small businesses, but are now used in a wide variety of contexts, including by companies with real estate leasehold liabilities. Many high profile businesses have sought to take advantage of the flexibility of the procedure, and this has increased in light of the difficulties caused by the Covid 19 pandemic. The book considers recent judgments such as <em>Debenhams</em>, <em>New Look</em>, and <em>Regis</em>, drawing out the legal principles that have been applied. Practical aspects relating to CVAs are considered in the context of the law including consideration of the relative benefits and disadvantages of a CVA, as compared with the new restructuring plan procedure under Part 26A of the Companies Act 2006. <p/>Written by leading restructuring lawyers in the UK (in consultation with insolvency practitioners and accountants), UK property counsel and international counsel from Ireland, the USA and Canada. <p/>This work is an essential resource for all insolvency and restructuring professionals, private equity investors, special situations investment and real estate funds, property agents and advisers, management teams and academics.

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. <p/>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. <p/>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. <p/>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. <p/>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.

Iversen, Astrid

Davis, Ronald

This is the only book to provide comprehensive coverage of the legal issues involved in asset tracing in insolvencies. Both corporate and personal insolvencies are covered in domestic and international cases. <p/>The second edition incorporates recent developments in case law and statutory frameworks in six key jurisdictions-the United States, England and Wales, the British Virgin Islands, the Cayman Islands, Jersey, and Guernsey. It analyses the latest legal developments in cross-border insolvency and general asset tracing initiatives, as well as jurisdiction-specific developments. Developments include the treatment of cryptocurrency insolvencies, legislative shifts in the UK post Brexit, Black Swan injunctions and the effect of the 2024 amendments to the Companies Act, the latest on the restructuring officer regime, and the positions on insolvent trusts. <p/>Featuring analysis from experienced specialists in key offshore and onshore financial centres, each chapter deals with a different national framework, setting out statute and case law, and identifying the international tools available to trace assets. These experts identify the specific tools available for tracing and recovering assets-for asset tracing inside or outside of bankruptcy or insolvency processes-and those available for cross-border international cooperation.