Smile Telecoms’ restructuring plans considered at UK High Court hearing: questions of valuation and exclusion of out-of-the-money creditors
Welcome To Mofo Restructuring Round-Up
Welcome to our site! We look forward to sharing our analysis of the statutory, regulatory, legal and business related developments in the insolvency and restructuring world with you.
You can expect articles, infographics and podcasts, as well as some interactive content, such as webinars and events. We would very much like to engage with you, so we encourage you to contact any of the authors or editors, should our content inspire or capture your interest or should you wish to discuss.
- On 10 March 2022, the UK High Court held the adjourned sanction hearing regarding Smile Telecoms Holdings Limited’s (“Smile”) second proposed restructuring plan. Despite Smile Telecoms’ first restructuring plan being sanctioned by the UK High Court back in March 2021, the African telecommunications company... ›
The Latest on Insolvent Schemes and Restructuring Plans
By: Howard Morris and Amrit KhosaThis update summarises the latest jurisprudence on insolvent schemes of arrangement (schemes) and restructuring plans (RPs), and provides an overview of the key themes that are emerging in this area. Download the below infographic Key Concepts and Notes Absolute priority rule – U.S. Bankruptcy... ›
- - Webinars
What You Need to Know About Restructuring and the Energy Crisis
By: Howard Morris and Amrit KhosaThis webinar provides an overview of the relevant restructuring and insolvency tools applicable to energy suppliers, considerations of directors in response to the threat of insolvency, the consequential additional or changed duties, and risks of personal liability, and right experts needed to deliver a... ›
MoFo Perspectives: The Part 26A Restructuring Plan – A Year On and Beyond
By: Howard Morris and Amrit KhosaHoward Morris, Amrit Khosa, and Jai Mudhar discuss the Part 26A restructuring plan and the legal developments that have unfolded since its introduction. This pragmatic and informative discussion is designed to equip our clients with the latest updates to help navigate the months ahead.... ›
Buying Insolvent UK Companies Post Covid: Ten Top Tips for PE Investors
By: Howard Morris and Amrit KhosaMany investors, including PE firms, are waiting with bated breath to see how the UK economy, currently dependent on COVID-19-related government support, will respond once that stimulus is withdrawn. An increase in UK company insolvencies is expected, creating opportunities for savvy investors to acquire... ›
New UK Insolvency Regime for Payment and Electronic Money Institutions
By: Howard MorrisOn 8 July 2021, the Payment and Electronic Money Institution Insolvency Regulations 2021 (the Regulations) will come into force in the UK and introduce a new special administration regime for insolvent payment institutions (PIs) and electronic money institutions (EMIs). The key purposes of the Regulations... ›
Darty Holdings SAS v Carton-Kelly: Are We Just Talking or Is There a Connection Here?
By: Howard MorrisIn dismissing Darty Holdings SAS’ (“Darty”) appeal in a recent decision, Miles J. has confirmed that an English court will look at the actual relationship between the parties involved, rather than the wider context, when considering whether those parties are connected. This will be... ›
Less Scheming: Cross-Class Cram-Downs Are Out in the Open for All to See
By: Howard MorrisThe Corporate Insolvency and Governance Act 2020 introduced a new restructuring plan (the “Restructuring Plan”) under Part 26A of the Companies Act 2006. As a recent entrant into the market, the Restructuring Plan is now making noise – most notably, when its cross-class cram-down... ›
New COVID-19 Bill Provides Additional Bankruptcy Relief
By: Mark S. Edelstein and Aarti GuptaOn Sunday, December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, which provides $900 billion in a second wave of economic stimulus relief for industries and individuals faced with challenges from the COVID-19 coronavirus. This legislation supplements the Coronavirus Aid, Relief,... ›
CARES Act Provides Limited Bankruptcy Relief
By: Mark Alexander Lightner and Katherine E. Richardson ArnouldOn Friday, March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which provides $2 trillion in economic stimulus for industries and individuals faced with challenges from the COVID-19 coronavirus. The legislation is over 850... ›