Debt Restructurings Guide Keywords Submit search 1Choose your jurisdictions 2Select your questions 3Get your report All Africa Americas Asia Australia & Oceania Europe International Middle East Select all countries Start typing a country Submit search Reset All Australia Belgium Czech Republic England & Wales France Germany Hong Kong Italy Luxembourg Poland Romania Slovakia Spain The Netherlands Turkey United States Next: Select your questions Select full guide 1. Insolvency Proceedings Select All 1.1 Insolvency Tests 1.2 Types of insolvency proceedings 1.3 When does a moratorium apply? 1.4 Directors' duties to file 1.5 Average length of proceedings 1.6 Can creditors influence appointment of insolvency officeholder? 1.7 Set-off and netting on insolvency? 1.8 Priority of creditors 2. Restructuring Options Select All 2.1 Are "Pre-packed" restructuring options available? 2.2 Are "Credit Bids" available? 2.3 Is "Cram down" possible? 2.4 Are Debt/equity swaps possible? 2.5 Is debtor-in-possession finance possible? 3. Security and Subordination Select All 3.1 Equitable subordination of shareholder loans? 3.2 Effectiveness of subordination arrangements 3.3 Share pledges 3.4 Enforcement: Property or shares 3.5 Hardening periods 3.6 Preferences/transactions subject to challenge 3.7 "Loan to own" possible? 4. Real Estate Select All 4.1 Tenants' position on owner enforcement/insolvency proceedings 4.2 Forfeiture/termination right against insolvent tenant? 4.3 Officeholder's liability i.e. if the Lender goes into possession what liabilities if any would it have? 4.4 Property taxes/taxes payable on enforcement 5. Current themes and developments Select All 5.1 Liability of directors 5.2 Lender or Borrower friendly? 5.3 Trends 5.4 Imminent reforms which could impact the position outlined above Next: Get your report Back Detail view Bookmark Twitter LinkedIn Report details Quick view details Back Awaiting Glossary data Useful links Glossary Clifford Chance website Global Contacts Philip Hertz Ilse van Gasteren
Australia Belgium Czech Republic England & Wales France Germany Hong Kong Italy Luxembourg Poland Romania Slovakia Spain The Netherlands Turkey United States
Select full guide 1. Insolvency Proceedings Select All 1.1 Insolvency Tests 1.2 Types of insolvency proceedings 1.3 When does a moratorium apply? 1.4 Directors' duties to file 1.5 Average length of proceedings 1.6 Can creditors influence appointment of insolvency officeholder? 1.7 Set-off and netting on insolvency? 1.8 Priority of creditors 2. Restructuring Options Select All 2.1 Are "Pre-packed" restructuring options available? 2.2 Are "Credit Bids" available? 2.3 Is "Cram down" possible? 2.4 Are Debt/equity swaps possible? 2.5 Is debtor-in-possession finance possible? 3. Security and Subordination Select All 3.1 Equitable subordination of shareholder loans? 3.2 Effectiveness of subordination arrangements 3.3 Share pledges 3.4 Enforcement: Property or shares 3.5 Hardening periods 3.6 Preferences/transactions subject to challenge 3.7 "Loan to own" possible? 4. Real Estate Select All 4.1 Tenants' position on owner enforcement/insolvency proceedings 4.2 Forfeiture/termination right against insolvent tenant? 4.3 Officeholder's liability i.e. if the Lender goes into possession what liabilities if any would it have? 4.4 Property taxes/taxes payable on enforcement 5. Current themes and developments Select All 5.1 Liability of directors 5.2 Lender or Borrower friendly? 5.3 Trends 5.4 Imminent reforms which could impact the position outlined above
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