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The twilight zone: legal issues for directorsthere is no legal definition of the term ‘twilight zone’ (perhaps derived from the cult TV series, the writer would like to think), which is now widely used to describe a period of trading when ... Read more |
Samsun Logix and developing cross-border insolvency issuesWith the ever-increasing trend towards globalisation, it is often observed that there are few businesses of reasonable size that do not trade across borders. At this difficult economic time, many are likely to have overseas ... Read more |
Pre-packs:a coming of age?The pre-pack administration, after some difficult formative years, appears to have emerged as a legitimate restructuring tool. Criticisms levelled by creditors, certain that they are getting a bad deal, have been numerous and, as a ... Read more |
Bluebrook/IMO restructuring: a wash out for the mezzanine lendersEvery economic downturn brings in its wake a series of restructuring cases, when the mistakes made during the previous boom are called to account and hard lessons are learnt. Mann J recently gave judgment in ... Read more |
Cross-border recognition of insolvency procedures: options for foreign officeholdersThis briefing aims to highlight some of the issues that may be encountered when dealing with the insolvency of a company that operates beyond the boundaries of any particular jurisdiction or legal system. In a ... Read more |
Debt-for-equity swaps: striking the balanceAs the economy continues to contract and increasing numbers of companies are forced to confront cash flow shortages and the spectre of insolvency, a debt-for-equity swap may be one of the restructuring tools debtors and ... Read more |
Administering the administrators?On what basis will the court accede to requests from creditors or parties with an interest in property to interfere with the day-to-day management of a company in administration? This was the question faced by ... Read more |
Administrators: who are they and what are your rights?With customers, suppliers, borrowers and even lenders entering administration in the credit crunch, it is important to understand the purpose of an administration, the duties of the administrator and what remedies you may have as ... Read more |