To our clients and friends

The global COVID-19 pandemic continues unabated and the resulting economic dislocation can be expected to continue for some time.  While government intervention and measured responses from financial institutions have tempered the immediate impact of the crisis, the road ahead for the world economy and our global businesses remain of deep concern.  Undoubtedly more business failures are on the horizon.  In this issue we examine new developments in a number of the tools available for financial restructurings.  These changes, in the United Kingdom, Germany, and the Netherlands, are designed to incorporate some of the benefits of restructuring available under chapter 11 in the United States.

In the UK, the Corporate Insolvency and Governance Act 2020 (CIGA) entered into force this summer, is the most wide-ranging change to the UK corporate insolvency framework for a generation. We are beginning now to see instances of UK and non-UK debtors actively considering and seeking to avail themselves of the new procedures and protections available in evaluating and implementing their restructuring options.  An article about CIGA walks us through this new act and its implications.

Next, we  offer an article on the EU Preventive Restructuring Frameworks Directive which permits a restructuring at an earlier stage than currently allowed under German law.  This past September, the German Federal Ministry of Justice presented a ministerial draft act which goes far beyond the mere implementation of the EU Directive and promises to herald a dramatically new era in restructuring in Germany.

And in the Netherlands, there is also being introduced pre-insolvency restructuring legislation. The proposed law, referred to as WHOA, introduces schemes of arrangement and has been the center of attention of Dutch restructuring professionals for quite some time now.  We present an update on the current status of the proposed law.

Finally, two additional articles focus on key areas that impact restructurings, tax and litigation.  Tax considerations often determine the structures used to implement corporate restructurings. We discuss those different structures and the tax impact.  On the litigation front,  we report on a recent decision of the Canadian Supreme Court on the legitimacy of the use of litigation funding agreements as an interim financing in an insolvency proceeding.

• Lighting up the CIGA!
• The Netherlands – Wet Homologatie Onderhands Akkoord
• Preventive Restructuring Framework – A new era for restructurings in Germany
• Authority to bar a creditor from voting and litigation funding as interim financing: The Supreme Court of Canada’s ruling in Bluberi
• Tax – Do not overlook this critical component in an international restructuring solution

Enjoy the issue and stay safe.

Howard Seife
Global Head
Bankruptcy, Financial Restructuring and Insolvency

Please visit our Zone of Insolvency blog where you can subscribe to receive the latest news and trends in bankruptcy and financial restructuring and insolvency.