Pilkington on Creditor Schemes of Arrangement and Restructuring Plans provides in-depth guidance on the legal principles, formal procedures and practical issues which underpin the use of schemes of arrangements and the new ‘restructuring plan’ option as used in complex financial restructurings. The expert author team at White & Case, under Christian Pilkington, cover the subject in full, taking in its development and the fundamental principles of its use as a restructuring tool, alongside key subjects such as jurisdiction, class composition issues and foreign recognition. Practical in its focus, the book provides not only diagrams and flowcharts which summarise complex processes but also case studies to illustrate different types of schemes of arrangement and explain some of the most high-profile international restructurings of recent years. Schemes have become instrumental in the restructuring of UK and overseas-incorporated companies, and can still be recognised in different European jurisdictions even after Brexit. This combined with the new restructuring plan that builds on the scheme idea (and was introduced by CIGA 2020) make Pilkington an essential text for your insolvency library. The 3rd edition: Explains the different types of restructuring schemes available and how they interact with the new restructuring plan introduced by CIGA 2020 Features extensive analysis, precedent material and detailed case studies of schemes in operation Deals with the complex cross-border and jurisdictional issues facing practitioners Includes analysis of all key cases since the last edition and evaluates recent trends in scheme jurisprudence Considers the post-Brexit use of schemes in international restructurings Provides a comparative analysis with similar “cram-down” procedures in other jurisdictions New to the 3rd edition: New content on restructuring plans, and how existing caselaw on schemes can be adapted and used in plans, plus analysis of the most important restructuring plans applied to date Analysis of the recent decisions including the first restructuring plans New case studies, and a review of the availability of schemes and plans after Brexit Considers all the key cases since the last edition, including (but not limited to): Re Noble Group [2018] EWHC 2911 Re Swissport Fuelling Ltd [2020] EWHC 3064 (Ch) Re Virgin Active Holdings Ltd [2021] EWHC 1246 (Ch) Re ALL Scheme Ltd [2021] EWHC 1401 (Ch) The new and expanded 3rd edition of Schemes of Arrangement in Corporate Restructuring is an in-depth and practical text, meaning the answers you require are easily found and applied to your everyday tasks. The expertise of the authors ensures that even the most complex aspects of the subject are confidently navigated. It is the indispensable guide to any question of corporate restructuring.

KEY FEATURES:

• Contains a wealth of practical guidance on corporate insolvency practice
• Panel of contributors consists of experienced corporate insolvency practitioners from both the legal and accounting professions
• Fully up-to-date with citation of relevant statutory provisions
• Replete with invaluable leading local and foreign case authorities
• Illuminates the difficult areas of corporate insolvency law and practice, such as investigations, cross-border insolvency and company voluntary arrangements

When companies are successful, businesses prosper. When companies can no longer pay their debts, they become insolvent, and businesses fail.

In addressing the complex technical subject of corporate insolvency, this textbook provides invaluable legal and practical guidance from an experienced group of legal and accountancy practitioners writing in collaboration. Contemporary challenges which face both practitioners and judges are addressed by incisive analysis and commentary.

This book deals comprehensively with the law of corporate insolvency in Malaysia, as follows:

1. discusses schemes of arrangement
2. judicial management and company voluntary arrangements under the Companies Act 2016
3. the winding-up process
4. the effects of winding-up, proof, valuation and ranking of claims
5. the avoidance of antecedent transactions
6. investigations
7. proceedings against the directors
8. tax in liquidation and more

The practical and analytical approach taken by this book greatly helps both those who are new to corporate insolvency practice in Malaysia as well as lawyers who would find the materials and references in this book a useful point of first reference.