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10@12 Webinar :Restructuring plans: Common Issues and Recent Developments

This webinar will be of relevance to both restructuring lawyers and litigators. It will examine how the restructuring plan jurisdiction has developed since its introduction in 2020; the ways in which courts approach challenges by dissentient creditors; and the government’s nascent proposals for reform. It will also discuss how the advent of restructuring plans has affected more established restructuring tools such as CVAs and schemes of arrangement.

The 10 points for discussion are as follows:

  1. To what extent can restructuring plans be used to compromise the rights of shareholders?
  2. How does “cross class cram down” work in practice?
  3. How does the company exclude creditors without a genuine economic interest?
  4. What is the relevant comparator and how should the company approach the question of valuation?
  5. What is the standard of proof for being “no worse off”?
  6. How are landlords affected by restructuring plans?
  7. Do restructuring plans constitute insolvency proceedings?
  8. What were the key findings of the government’s Interim Review of the Corporate Insolvency and Governance Act 2020?
  9. Will restructuring plans replace schemes of arrangement?
  10. Is there still a need for CVAs following the introduction of restructuring plans?

Peter Arden KC
Dan Butler