Europe: Insolvency/Bankruptcy/Re-Structuring

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Insolvency law and bankruptcy law articles, thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics surrounding financial restructuring, insolvency and bankruptcy.
Article
Managing Director’s Liability for Payments Made After the Onset of Insolvency in a Cash Pool
The Higher Regional Court of Düsseldorf has issued a landmark ruling clarifying managing director liability under § 15b InsO in intra-group cash pool structures. The judgment addresses critical questions about payment cessation, balance sheet insolvency, and the standard of care applicable after expiry of the grace period, with significant implications for corporate groups operating cash pooling arrangements.
Germany Insolvency
PL
PwC Legal Germany
Article
UK Restructuring & Insolvency Market 2026: Early Action By Funders And Directors Alike Is The New Survival Strategy
Several market commentary pieces this week, including an Insider UK survey of UK restructuring market professionals (15 January 2026), amongst others, suggest that during 2026 the UK economy will not collapse, but shift towards a more complex reality where timing, creditor behaviour, and asset focus are key. RSM UK’s Economic Outlook update (13 January 2026) questions whether it will be a year of muddling through. We suspect the answer is yes.
United Kingdom Insolvency
DS
DMH Stallard
Article
Glencore Energy UK Ltd v Prax Lindsey Oil Refinery Ltd
Trower J's judgment in Glencore Energy UK Ltd v Prax Lindsey Oil Refinery Ltd provides crucial guidance on when courts will grant leave to commence proceedings against a company in liquidation under section 130(2) of the Insolvency Act 1986. The case examines the balance between protecting a company's limited assets during liquidation and allowing creditors with proprietary claims to pursue their rights outside the statutory proof process.
United Kingdom Insolvency
WB
Wedlake Bell
Article
Şirketlerin Sermaye Kaybı Veya Borca Batık Olma Durumuna İlişkin Geçici Düzenleme Uzatıldı
Geçici uygulamanın 9 yıldır uygulanmakta olması konunun daha ciddi değerlendirilmesini gerektirir. Ülkemizde maalesef geçici uygulamalar 20 yılı aşacak şekilde uygulanabiliyor... Değerli okurlar, uygulamada "teknik iflas" olarak adlandırılan sermaye kayıp durumu, sermaye şirketlerinin ortaklarını, üst düzey yöneticilerini ve alacaklılarını ilgilendiren önemli konuların başında geliyor.
Turkey Insolvency
B
BDO TURKIYE (DENET YEMINLI MALI MUSAVIRLIK A.S.)
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Article
UK Restructuring & Insolvency Market 2026: Early Action By Funders And Directors Alike Is The New Survival Strategy
Several market commentary pieces this week, including an Insider UK survey of UK restructuring market professionals (15 January 2026), amongst others, suggest that during 2026 the UK economy will not collapse, but shift towards a more complex reality where timing, creditor behaviour, and asset focus are key. RSM UK’s Economic Outlook update (13 January 2026) questions whether it will be a year of muddling through. We suspect the answer is yes.
United Kingdom Insolvency
DS
DMH Stallard
Article
Incentivisation In Private Credit Portcos: Equity After Taking The Keys?
Private credit providers taking control of distressed borrowers face unique challenges in designing effective management incentive plans. Unlike traditional private equity structures, post-restructuring scenarios require innovative combinations of equity and cash-based incentives to align management interests with lender objectives while navigating significant debt obligations and steep return hurdles.
United Kingdom Finance
M
Macfarlanes LLP
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Article
Managing Director’s Liability for Payments Made After the Onset of Insolvency in a Cash Pool
The Higher Regional Court of Düsseldorf has issued a landmark ruling clarifying managing director liability under § 15b InsO in intra-group cash pool structures. The judgment addresses critical questions about payment cessation, balance sheet insolvency, and the standard of care applicable after expiry of the grace period, with significant implications for corporate groups operating cash pooling arrangements.
Germany Insolvency
PL
PwC Legal Germany
Article
UK Restructuring & Insolvency Market 2026: Early Action By Funders And Directors Alike Is The New Survival Strategy
Several market commentary pieces this week, including an Insider UK survey of UK restructuring market professionals (15 January 2026), amongst others, suggest that during 2026 the UK economy will not collapse, but shift towards a more complex reality where timing, creditor behaviour, and asset focus are key. RSM UK’s Economic Outlook update (13 January 2026) questions whether it will be a year of muddling through. We suspect the answer is yes.
United Kingdom Insolvency
DS
DMH Stallard
See more