Restructuring

News analysis

• Charter: A group precedent for US bankruptcies

  01 December 2009

  A court decision in Charter Communications’ bankruptcy proceeding has set an important precedent as to what constitutes a group under section 13(d) of the Securities Exchange Act. This will make it easier for other companies to retain debt they can afford under their original terms

• KPMG case will turn on Lehman JV agreement

  01 December 2009

  As Thai police issue summonses to three KPMG partners responsible for liquidating Lehman Brothers, attention has turned to Lehman's joint venture agreement with the complainant, Destination Properties

• Nakheel: get your money back

  01 December 2009

  The position of creditors depends on the bonds they hold, and how local law plays out with hedge funds involved

• Case studies in realising value

  01 December 2009

  Recent company rescues in the UK and US hold a lot of lessons for lawyers advising on similar deals

• How the Finco buy-back worked

  01 December 2009

  One way to get around a requirement for 100% approval from lenders for refinancing

• Welcome, but poorly drafted

  01 December 2009

  Hong Kong could finally have a rescue regime next year. But employee issues must be dealt with first

• Lawyers messed up Spanish insolvency

  01 November 2009

• Bankruptcy code trumps Isda

  01 November 2009

  A US bankruptcy court has required a counterparty to Lehman to continue to make payments to it. Will UK courts take the same approach?

• A visitor from afar

  01 November 2009

  Pre-packs have arrived in Hong Kong, but restructuring reform is needed before the structure can really affect the market

• FerroChina restructuring reassures foreign creditors

  01 October 2009

  Foreign investors in China can breathe a sign of relief. If their company gets into trouble, they will be treated equally with Chinese creditors

• IMO: careful valuation is key

  01 September 2009

• German insolvency plan backfires

  01 September 2009

• Forward start facilities find use in restructuring

  01 September 2009

• Banks fear UK corporate rescue plan

  01 September 2009

• Netting is needed in Russia

  01 September 2009

• The coroner's inquest

  01 September 2009

  Sovereign documentation must strengthen trustee responsibilities and prevent states from buying debt they have defaulted on

• The perils of underwriting-lite

  01 September 2009

  Dealer managers should seek proper legal protections in liability management, argues Tom Pauk of Citigroup

• IMO clears up MyTravel issue

  01 September 2009

  The restructuring of IMO Car Wash has created a precedent for mezzanine lenders that may change documentation

• How the new Dip model works

  01 September 2009

  Is the new way to restructure a Japanese company like opening Pandora's box? Or is it a modern revolution?

• There'll be no Chapter 11, yet

  01 September 2009

  A comparison of the corporate-rescue regimes across Asia-Pacific, and an argument that they won't shift to debtor-in-possession soon

• Opel won't survive on bridge loan forever

  01 July 2009

• Obama follows Chrysler model with GM

  01 July 2009

• Be fair, not greedy

  01 July 2009

  JJB's successful CVA has brought this rare procedure into the spotlight, and government reforms could make it easier. But potential copycats will have to be diligent, realistic and fair