Features

Is the best yet to come?

Featured in Worked Out

Brazil’s infamous ‘car wash’ scandal has unexpectedly helped develop Brazil’s restructuring framework but there is still a lot of room for improvement. What still needs to change, and which tools would local practitioners like to see included in the new law? GRR finds out.

01 May 2020

Distressed investors on the horizon?

Featured in Worked Out

The uncertainty in the Brazilian restructuring market has made it difficult to attract local investors, but there are signs that foreign investments are on the uptick. There is still work to be done, and lawyers say fixing the country’s DIP financing legislation would be a good start.

01 May 2020

Banks and shareholders: where is the leverage?

Featured in Worked Out

Unlike in other jurisdictions, shareholders have historically played a powerful role in Brazilian restructurings, while a small band of the country’s banks have been able to sit outside negotiations, unwilling to accept haircuts. Are things going to change?

01 May 2020

Even the past is uncertain: Brazil Worked Out

Featured in Worked Out

For the latest of our ‘Worked Out’ features, GRR spoke to a crop of local practitioners about the lack of certainty in the Brazilian restructuring market and its side effects – from local banks trying to cut themselves out of restructurings to equity holders delaying filing before the country’s courts. Will proposed changes to the law bring more predictability? GRR investigates.

01 May 2020

Covid-19: Spain introduces second round of insolvency measures

José Carles and Carlos Cuesta, partners at Spanish insolvency and restructuring boutique Carles Cuesta, examine the second round of insolvency-related measures introduced in Spain, one of the countries worst-hit by covid-19.

30 April 2020

Covid-19 calls: BVI partner Richard Brown at Carey Olsen

Featured in Covid-19 calls

"Economic downturns tend to expose companies that have been run fraudulently and in the BVI we tend to see an increase of those cases in the wake of financial shocks". Carey Olsen’s London-based British Virgin Islands partner Richard Brown tells GRR that he expects the fallout from covid-19 to uncover some Ponzi schemes in the coming months.

30 April 2020

Covid-19: Does D&O liability insurance offer protection from insolvency?

Francis Kean, partner at specialist insurance broker McGill and Partners, examines some of the traps into which directors of potentially insolvent companies can fall when it comes to seeking personal liability protection from their directors and officers liability insurance programmes.

29 April 2020

Impact of covid-19 on resolution applicants under the IBC

Supriyo Ranjan Mahapatra, an associate with Trilegal in New Delhi, discusses recent changes made to the Indian Bankruptcy Code 2016 to protect businesses during the pandemic, and suggests ways that resolution applicants can tackle some of the concerns they currently face – from adding force majeure clauses to resolution plans to renegotiating plans on the basis of revised asset valuations.

24 April 2020

Covid-19 calls: Nick Pike at Pinsent Masons in London

Featured in Covid-19 calls

“It is quite plain that we are not going to go back to anything like where we were two months ago.” Pinsent Masons partner Nick Pike tells GRR why he thinks consumer demand will take years to recover from the covid-19 crisis, how the UK government’s emergency measures have staved off an immediate wave of insolvencies, and why working from home might become the new normal.

24 April 2020

It’s time to give winding up a rewind: from digital to analogue insolvency

Howard Morris, head of business restructuring and insolvency at Morrison & Forester in London, argues we should look to the “analogue” tools of yesteryear – trading administration, provisional liquidation and liquidation – to tackle the nuclear winter that’s set to follow the coronavirus’ economic impact. These tools don’t have to be a death knell for businesses, he says: they can offer shelter and survival.

22 April 2020

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