Thu 06/08/2023 07:06 AM
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Recent English schemes of arrangement and Part 26A restructuring plans, or RPs, have brought into focus the application of distribution waterfalls, both pre and post insolvency.

In Adler Group, arguments on the indefatigable pari passu principle were heard, while HMRC, which only recently found its way back into the order of priority as a preferred creditor, faced head-on attempts to cram down amounts due to it in the recent Nasymth and Great Annual Savings cases, using the cross-class...
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