Topic: Bankruptcy and insolvency

An explanation on the Dutch Temporary Turboliquidation Transparency Act.

The Court of Appeal overturned the High Court’s decision to sanction the Adler Group’s restructuring plan

After many had proclaimed the German StaRUG to have failed as an effective preventive restructuring regime.

The last couple of years have been important for the restructuring and insolvency practice in the Netherlands.

On 6 October 2023, the Dutch Supreme Court granted its final ruling on the pre-pack in the Heiploeg-case.

The Court of Appeal has unanimously overturned the largest value unlawful preference ruling to date.

A company can agree with its creditors to restructure its debts through various processes. This usually happens when the company’s underlying business is experiencing financial difficulties. The statutory processes are a scheme of arrangement (Scheme), restructuring plan (RP), and a company voluntary arrangement (CVA).

The latest statistics released by the Australian Securities and Investment Commission (ASIC) show that 7,942 Australian companies entered into external administration in 2022-23 financial year. This is up by nearly 50 percent compared to the previous year. These statistics also show that increased business distress is more acutely felt in the following high-risk industries:

Grave uncertainties following the war in Ukraine and the lingering effects of the pandemic had inspired German lawmakers to pass a series of legislative measures to soften the ramifications of multiple crisis factors for the national economy. Part of the crisis legislation (SanInsKG) was a temporary modification of one of the two insolvency triggers provided for under German insolvency law. The legislation is about to lapse and this is what managing directors now need to know.

The UK Government has confirmed it will adopt the UNCITRAL Model Law on Enterprise Group Insolvency (Group Model Law) ‘at the earliest opportunity’.