Schemes Of Arrangement: Irish Court-Sanctioned $1.65bn Cross Border Restructuring Recognised By US Bankruptcy Court

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Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
Irish court-sanctioned $1.65bn cross border restructuring recognised by US Bankruptcy Court.
Ireland Insolvency/Bankruptcy/Re-Structuring
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The recent ex tempore judgment of Mr Justice Barniville delivered June 6, 2019 in Re Ballantyne Re plc1 confirms the Irish High Court's jurisdiction to sanction a scheme of arrangement between a company and its creditors that provides for the release of third parties pursuant to Part 9 of the Companies Act 2014 (the "Act").

In reaching his decision, Mr Justice Barniville expressly approved of recent scheme case law in other common law jurisdictions, including the recent decision of the Grand Court of the Cayman Islands in Re Ocean Rig UDW Inc2 ("Ocean Rig").

Furthermore, it was a pre-condition to the implementation of the restructuring (envisaged by the scheme) that the scheme be recognised as a foreign main proceeding under Chapter 15 of the US Bankruptcy Code and United States Bankruptcy Court for the Southern District of New York granted a Recognition Order in respect of the Irish scheme of arrangement on June 12, 2019.

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Schemes Of Arrangement: Irish Court-Sanctioned $1.65bn Cross Border Restructuring Recognised By US Bankruptcy Court

Ireland Insolvency/Bankruptcy/Re-Structuring

Contributor

Walkers is a leading international law firm which advises on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. From our 10 offices, we provide legal, corporate and fiduciary services to global corporations, financial institutions, capital markets participants and investment fund managers.
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