United Kingdom: Insolvency/Bankruptcy

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Braganza (Still) Doesn't Bite
The Court of Appeal has partially reversed a High Court decision in a case examining whether a chargee's appointment of administrators was invalid due to improper purpose, specifically where debt acquisition followed a failed takeover bid. The judgment clarifies the boundaries of Braganza-style rationality duties in secured lending enforcement and explores when the equitable 'proper purpose' doctrine may constrain a creditor's right to appoint administrators under Schedule B1 of the Insolvency Act 1986.
United Kingdom Insolvency
MB
Mayer Brown
Video
The Rise Of Part 26A: A Real Alternative To Chapter 11? (Video)
The UK Part 26A restructuring plan has emerged as a potential alternative to Chapter 11 bankruptcy for distressed companies with international operations. This episode examines how Part 26A compares to traditional U.S. bankruptcy proceedings, including differences in creditor voting, cramdown provisions, court oversight, and the strategic considerations companies must weigh when selecting their restructuring forum.
United Kingdom Insolvency
LS
Lowenstein Sandler
Article
Drelle Overturned In Latest UK Supreme Court Decision
The UK Supreme Court has overturned a Court of Appeal decision that restricted creditors' ability to use foreign judgments as the basis for insolvency proceedings. This landmark ruling clarifies that unrecognised foreign judgments create enforceable debts under English insolvency law, with significant implications for bankruptcy and winding-up petitions across offshore jurisdictions including the BVI and Cayman Islands.
United Kingdom Insolvency
A
Appleby
Article
The New Scottish Moveable Transactions Regimes – Some Enforcement And Insolvency Issues
Scotland's Moveable Transactions Act 2023 has fundamentally transformed security enforcement and insolvency procedures by introducing statutory pledges and assignations. How do these new fixed security regimes expand practical enforcement options beyond traditional administration, and what boundary issues will insolvency practitioners need to navigate as secured creditor rights evolve?
United Kingdom Finance
Sa
Shepherd and Wedderburn LLP
Article
UK High Court Orders £11 Million Distribution And Makes Landmark Cost Ruling In Investment Bank Special Administration
When joint special administrators failed to return client assets for over four and a half years after an investment bank entered special administration, the UK High Court delivered two unprecedented judgments. The court ordered an interim distribution of over £11 million and made a landmark costs ruling that stripped the administrators of any right to recoup their costs from client assets, holding them personally liable instead.
United Kingdom Insolvency
WL
Withers LLP
Article
Commercial Court Refuses To Continue Proprietary Injunctions Against Investors In Collapsed Mortgage Lender MFS
The Commercial Court has refused to continue proprietary injunctions against investors who received payments from collapsed UK bridging lender Market Financial Solutions (MFS) before its administration. The court found that investors whose investments were returned before the collapse were bona fide purchasers for value without notice, allowing them to take the monies free of any trust despite MFS's alleged misappropriation of funds intended for mortgage loan origination.
United Kingdom Finance
KL
Herbert Smith Freehills Kramer LLP
Article
A New Restructuring Playbook: Why Private Credit Lenders Should Watch England
Private credit lenders face a new reality as U.S. distressed borrowers increasingly turn to English restructuring tools to reorganize New York law-governed debt outside of Chapter 11. Recent cases demonstrate how Schemes of Arrangement and Restructuring Plans can bind dissenting creditors, reduce minority creditor influence, and potentially circumvent the absolute priority rule. Understanding these cross-border mechanisms has become essential for lenders navigating modern restructuring dynamics.
United Kingdom Insolvency
PR
Proskauer Rose LLP
Article
Macfarlanes Advises Iguanas Holdings Limited On Restructuring Plan
Macfarlanes has successfully advised Iguanas Holdings Limited on a groundbreaking restructuring plan under Part 26A of the Companies Act 2006, marking the first such plan sanctioned under the Court's new Practice Statement. The restructuring addresses lease and business rates liabilities while facilitating new funding from its parent company to support the Latin American restaurant chain's turnaround strategy.
United Kingdom Insolvency
M
Macfarlanes LLP
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