Search results

Do you have sufficient "possession" or "control" for your security interest to qualify for protection under the Financial Collateral Arrangement (No.2) Regulations 2003 (the Regulations)? Since the decision in Gray v G-T-P Group two years...

Over the last 18 months we have seen an increasing number of insolvencies in the retail/consumer products sector.  Whilst reduced consumer spending and over-leverage have undoubtedly contributed to such demise, a further factor in most of these cases has...

The European Commission has recently launched a consultation examining the current EU insolvency regime, ten years on from the introduction of the EU Insolvency Regulation (EUIR). This initiative is taking place in the context of the Commission's wider measures...

During 2011, the restructuring boom of the recent past gave way to a period of relative calm, but the early indications are that restructuring will dominate 2012 and the question of how to refinance debt from the last decade remains unanswered. Journalist Brian...

Pre-pack sales are generally regarded as an essential part of the restructuring toolkit and in the last couple of years have never been far from the headlines. The most recent beneficiaries include Jane Norman, EMI, BSM and Wind Hellas. In March this year, the...

Pre-pack sales are generally regarded as an essential part of the restructuring toolkit and in the last couple of years have never been far from the headlines. The most recent beneficiaries include Jane Norman, EMI, BSM and Wind Hellas. In March this year, the...

Using a scheme of arrangement, an English law pre-insolvency procedure, to reduce the complexity of international restructurings is growing in popularity. In the context of a restructuring, a scheme of arrangement will operate as a statutory contract between...

Last year, doubt was cast on the ability of a collateral-taker to establish a security financial collateral arrangement over intangible property by taking "possession" of that property and thereby benefit from the many protections afforded by the Financial...