IBA Annual Conference Toronto 2025

2 Nov - 7 Nov 2025

Session information

A multi-jurisdictional review of restructuring tools: can the company be saved?

Thursday 6 November (1430 - 1545)

Committee(s)

Insolvency Section (Lead)

Description

Can restructuring tools really save corporate entities, and if they can, at what price to the junior creditors? 
This panel will consider a number of different restructuring tools in a number of different jurisdictions and consider:

•    the use of reverse vesting orders;
•    how are assets transferred and liabilities compromised?;
•    the involvement of the courts;
•    the increasing use of cross cram down powers in restructuring plans;
•    how courts approach the sharing of the restructuring surplus;
•    treatment of “ out of the money” creditors;
•    treatment of junior creditors who object to restructuring proposals.

The panel will have speakers from a number of jurisdictions including Canada, South Korea, England, and the Netherlands who will comment on the restructuring tools in their jurisdictions.