Restructuring & Insolvency Bulletin - Summer 2018

Restructuring & Insolvency Bulletin - Summer 2018

Restructuring & Insolvency Bulletin - Summer 2018

Welcome to the summer edition of our Restructuring & Insolvency bulletin, our quarterly update on some of the most interesting recent developments in the world of R&I, as commented upon by our finest legal anoraks in this area.

In this bulletin, we major on some practicalities associated with buying real estate, or other assets, from distressed sellers. We review a recent case concerning JSC BTA Bank which considered whether a transaction could be set aside as defrauding creditors under the Insolvency Act 1986. We look at another case involving a successful administration application by a creditor where the underlying debt was disputed. And we take stock of the recent MF Global CVA and its failure to get properly implemented.    

And if you’re still pining for more once you’ve made your way through the below, why not take a look at our sister publication for our Banking & Finance contacts. Click here to read more.

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Contact our experts for further advice

View profile for David SteinbergDavid Steinberg, View profile for Tim CarterTim Carter
  1. Dominant, substantial or merely sufficient... When is a purpose not a 'purpose' for section 423 of the Insolvency Act 1986?

    JSC BTA Bank v Ablyazov [2018] EWCA Civ 1176 (Court of Appeal) The Court of Appeal has provided further guidance on when a transaction can be said to be made with the purpose of “putting assets beyond the reach of creditors” such that it is... Read more
  2. Condition precedent drives a coach and horses through MF Global CVA

    There has been a huge amount of recent press attention on the increasing use by struggling retailers and casual dining operators of company voluntary arrangements (CVAs). Several household names, including the likes of House of Fraser, Jamie’s Italian,... Read more
  3. Why breaking up is never easy - key issues with distressed asset sales

    Partner and Co-Head of the Restructuring & Insolvency practice at Stevens & Bolton LLP, Tim Carter, has recently contributed a practice note to LexisNexis which looks at the different legal and practical considerations which commonly arise whenever... Read more
  4. Purchaser considerations when buying property from a company in administration

    Partner and Co-Head of the Restructuring & Insolvency practice at Stevens & Bolton LLP, Tim Carter, has recently contributed a practice note to LexisNexis which looks at the practical considerations purchasers should bear in mind when buying real... Read more
  5. Key considerations on creditor applications for an administration order: useful guidance from the High Court

    Newbury Venture Capital Limited (in liquidation) v Berkshire Homes (Northern) Limited [2018] EWHC 938 (Ch) This case concerned a rare contested creditor application brought by Newbury Venture Capital Limited (“Newbury”) for an administration... Read more
  6. The death of schemes of arrangement for non-UK companies?

    The Restructuring & Insolvency team at Stevens & Bolton has collaborated with Sebastian Mielke and Bertram Bombe at German law firm, Menold Bezler, on an article, which was first published in April 2018 in Zeitschrift für Wirtschaftsrecht (ZIP),... Read more

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