Expert Views - Unpacking the Adler Court Victory - A New Rulebook for Part 26A.
Feb 6, 2024
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Industry experts dissect the Adler Court Victory, discussing the overturning of the restructuring plan sanction and its implications on the industry. Topics include cross-class cram down conditions, challenges by creditors, expert evidence comparison, time pressures in Part 26A proceedings, and the impact of court rulings on restructuring challenges.
English restructuring plan requires meeting threshold conditions and considering cross-class creditor interests for financially struggling companies.
Court of Appeal's successful appeal on Adler's plan emphasized fair distribution across creditor classes aligning with insolvency principles.
Deep dives
Adler Restructuring Background and Purpose
Adler, a German real estate group, faced liquidity issues due to asset value allegations and market decline. The restructuring plan aimed at a controlled wind-down, extending 2024 notes maturity and providing new money repayments priority.
English Law Restructuring Plan Features
The English restructuring plan is a compromise for financially struggling companies. Unlike schemes, it requires meeting threshold conditions and considers cross-class creditor interests. The court can exclude classes if no genuine economic interest exists. Mandatory approval from each class is crucial under the plan.
High Court Sanction and Appeal Decision on Adler Plan
High Court sanctioned Adler's plan based on cross-class cram down rules. However, the Court of Appeal's successful appeal highlighted key flaws in the plan. Disputes focused on valuations, parry passu principles, and fair treatment across creditor classes. The appeal emphasized a fair distribution that aligns with insolvency principles.
In the latest entry in Reorg’s Expert Views series, Industry Experts Mandip Englund, Partner at law firm Fried Frank and Jo Hewitt, Managing Director at Alvarez and Marsal join Reorg's Legal Director, Shan Qureshi to dissect the Court of Appeal Judgment overturning the sanction of Adler’s Restructuring Plan and consider what this means for the future of the restructuring & insolvency industry.
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#restructuring #insolvency #adler
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