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"The new second edition of [this book] provides detailed legal analysis of international corporate, banking, and sovereign debt restructuring, from the perspective of both creditors and debtors. It sets out practical guidance to help practitioners, policy-makers and academics to understand current developments in debt restructuring, and provides solutions for creditors holding distressed debt and debtor options in a distressed scenario. The Corporate Debt section includes a number of very significant changes such as the UK Supreme Court decision in Eurosail and the disapproval of the 'point of no return' test for balance sheet insolvency or the endorsement of the Cheyne Finance decision on cashflow. The changes in treatment of schemes of arrangement since with the decision in Rodenstock are reflected as are the Recast European Insolvency Regulation (EIR) and the Supreme Court decision in Rubin. In the US chapter the new edition considers the limitations on bankruptcy court jurisdiction in Stern v. Marshall and, in the RadLax case, the right of secured creditors to credit bid in a sale of their collateral under a chapter 11 plan. Other significant case law includes consideration of the various safe harbour provisions of the Bankruptcy Code relating to derivative and other financial instruments and cases concerning the effect of foreign court orders in the US. In the Bank Resolution section, the UK part also has been substantially amended to reflect the new system of macro and micro prudential oversight with the establishment of the PRA, FCA, FPC, and the FSCS. Additionally it reflects changes introduced by the Financial Services Act 2012 and by the Financial Services (Banking Reform) Act 2013"--
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The new third edition of Debt Restructuring offers detailed legal analysis of international corporate, banking, and sovereign debt restructuring, from the perspective of creditors and debtors. It provides practical guidance to help practitioners, policy-makers, and academics in the UK and US to understand current developments in debt restructuring, and provides solutions for creditors holding distressed debt and debtor options in a distressed scenario.The Corporate Debt section includes significant changes to highlight the impact of COVID-19 on restructurings, including: potential grounds for investors/lenders to modify or terminate commitments to fund or support restructurings by invoking material adverse effect or force majeure clauses; unprecedented relief granted by insolvency courts to aid ailing retailers; and challenges facing insolvency courts in making necessary confirmation findings regarding the feasibility of reorganization plansdue to market instability. This section also includes the recent adoption of the Part 26A Restructuring Plans and the EU Restructuring Directive.Amendments to the Bank Resolution section reflect decisions by the Single Resolution Board, and national authority resolution decisions notified to the European Banking Authority. A new sub-section on domestic bank insolvency and liquidation covers the developments under the Deposit Guarantee Schemes Directive, and a new chapter on insolvency law relating to Insurance Firms addresses the international debate on a special resolution regime for insurance firms. Other updates include the 2017 codeof practice, the 'third country' branch model after Brexit, non-equivalence regarding depositor protection arrangements, and the Resolvability Assessment Framework.In the Sovereign Debt section, there is detailed coverage of US and UK developments, examining the increased role of sanctions and the possibility of piercing the corporate veil in SoEs (Chrystallex), as well as the increased push for domestic laws to be used to curtail litigation. It also covers developments in re-designation and the emergence of the 'pac-man technique' in the context of collective action clauses, as a result of the recent restructurings of Argentina and Ecuador. The impact ofCOVID-19 on the adoption of the Debt Service Suspension Initiative and the Common Framework are also analysed.
Debt relief --- Royaume-Uni --- États-Unis --- Dettes --- Dettes publiques --- Banques --- Études comparatives
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The volume is a collection of articles based on presentations given at a conference titled “Too Big to Fail III: Structural Reform Proposals – Should We Break Up the Banks ?” hosted by the Institute for Law and Finance on January 21, 2014 – the third session of a series on the topic “too big to fail” with the previous conferences “Too Big to Fail – Brauchen wir ein Sonderinsolvenzrecht für Banken” and “The Bank Recovery and Resolution Directive”.
E-books --- Bank failures --- Business failures --- Antitrust law --- Intervention (Federal government) --- Bankruptcy --- Corporate reorganizations --- Government policy --- Banking --- Finance --- Business & Economics --- Failure of banks --- Corporations --- Reorganization of corporations --- Industrial management --- Consolidation and merger of corporations --- Business mortality --- Failure in business --- Mortality, Business --- Success in business --- Cessio bonorum --- Insolvency --- Privileged debts --- Commercial law --- Debt --- Federal intervention --- Bailouts (Government policy) --- Federal government --- Intervention (International law) --- Anti-trust law --- Competition --- Competition law --- Trusts, Industrial --- Trade regulation --- Reorganization --- Law and legislation --- Law --- Bank failures. --- Business failures. --- Antitrust law. --- Bankruptcy. --- Corporate reorganizations. --- Government policy.
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