CB&I UK Limited, Re
The court is satisfied that sufficient notice has been given, the jurisdictional requirements under section 901A are provisionally met, and there are no obvious jurisdictional roadblocks. The proposed classes of creditors are appropriate for the purposes of convening meetings. Plan meetings are ordered for 7 November 2023, and the sanction hearing is fixed for the week commencing 27 November 2023, with directions to be agreed by the parties.
- Parties
- Plan Company / Applicant: CB&I UK Limited; Supporting Creditors: Ad hoc group of supportive creditors; Supporting Creditor / Agent: Credit Agricole (Agent under Exit Credit Agreement); Unsecured Creditor / Objector: Reficar; Contingent Creditors / Objectors: Wood Parties; Objectors / Sub Participants: Ad hoc group of sub-participants
- Jurisdiction
- England and Wales
- Judgment Date
- 11 October 2024
- Procedural Posture
- Restructuring Plan (companies Act 2006, Part 26 A) / Application to Convene Creditors' Meetings
- Outcome
- Application granted
- Legal Topics
- Restructuring Plan Under Part 26 a, Creditors' Meetings, Jurisdictional Requirements, Class Constitution, Sanction Hearing Directions
Case Brief
Summary, issues, holding and outcome
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Parties
CB&I UK Limited
Plan Company / Applicant
Ad hoc group of supportive creditors
Supporting Creditors
Credit Agricole (Agent under Exit Credit Agreement)
Supporting Creditor / Agent
Reficar
Unsecured Creditor / Objector
Wood Parties
Contingent Creditors / Objectors
Ad hoc group of sub-participants
Objectors / Sub Participants
Procedural Posture
Restructuring Plan (companies Act 2006, Part 26 A) / Application to Convene Creditors' Meetings
Legal Issues
- 1 Whether to convene meetings of creditors to consider the restructuring plan under Part 26A of the Companies Act 2006
- 2 Whether the proposed classes of creditors are appropriate
- 3 Whether jurisdictional requirements under section 901A are satisfied
Ratio Decidendi
The court is satisfied that sufficient notice has been given, the jurisdictional requirements under section 901A are provisionally met, and there are no obvious jurisdictional roadblocks. The proposed classes of creditors are appropriate for the purposes of convening meetings. Plan meetings are ordered for 7 November 2023, and the sanction hearing is fixed for the week commencing 27 November 2023, with directions to be agreed by the parties.
Court Disposition
Application granted
Orders
- Plan meetings of seven classes of creditors to be convened on 7 November 2023
- Sanction hearing fixed for the week commencing 27 November 2023 (four days plus one reading day)
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