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What's next for Adler's Restructuring Plan

Nov 2, 2023
27:19
Snipd AI
Explore the recent appeal process of Adler Group and its significance for UK Restructuring Plans. Learn about the challenges faced during the implementation of a solvent wind down and the arguments made by dissenting classes. Discover the differences between UK restructuring plans and other processes, including a new feature called 9-fin AI. Understand the concept of paripasset treatment and the discretion of the judge in sanctioning the plan. Delve into different approaches used in schemes and CVA's, including the allocation of restructuring surplus.
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Podcast summary created with Snipd AI

Quick takeaways

  • The Adler Group case sets a precedent for future UK Restructuring Plans, highlighting the importance of the no worse off test and the departure from the paripassu principle.
  • The judge's discretion in sanctioning restructuring plans is a topic of debate, with the need for a defined framework to evaluate fairness, including considerations of contractual rights and existing commercial interests.

Deep dives

The importance and impact of the Adler Group case on UK Restructuring Plans

The podcast episode discusses the significance of the Adler Group case as a landmark case for the UK Restructuring Plan. The case has implications for future restructurings and how they will be implemented by the courts. The case revolves around Adler, a distressed German real estate asset manager and developer that faced scrutiny and investigations due to alleged inflated valuations and related party transactions. Adler announced a deal with representative bondholders involving new super senior financing and the plan for a managed wind down of the company. However, dissenting bondholders opposed the plan, leading to the launch of the UK restructuring plan. The episode delves into the novel use of the restructuring plan procedures and the treatment of different classes of creditors. The appeal hearing, which took place over three days, focused on the departure from the paripassu principle and the fairness of the plan. The judgment is yet to be announced.

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