5 Key Tips For Attorneys In The Subchapter V Arena – Law360

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Insolvency practitioners investigatory powers

August 2026 | Europe

Restructuring GlobalView

Trading on a failed company’s name? UK High Court clarifies the scope of the exceptions to liability under Section 216 (UK)

S216(3) of the Insolvency Act 1986 restricts former directors of insolvent companies from being involved with companies or businesses using a prohibited name for five years following an insolvent liquidation. S216(3) provides that, unless leave is granted by the court or one of the statutory exceptions applies, a person who was a director of a...... Continue Reading

July 2026 | Blog

Restructuring GlobalView

Excluded Lenders Prevail – Pro-Rata Sharing Provision in Serta Applies to Cashless Debt-for-Debt Exchange

On remand from the Fifth Circuit, the Bankruptcy Court for the Southern District of Texas (the “Court”) held in the Serta Simmons Bedding (“Serta”) liability management exercise (“LME”)[1] dispute that a credit agreement’s pro-rata sharing provision applied to noncash payments, in this case, a debt-for-debt exchange, and not solely to cash payments.  The Serta Court...... Continue Reading

July 2026 | Blog