Restructuring and Insolvency
In recent years MOLITOR has been continued to be heavily involved in major Insolvency and Restructuring projects. Our core practice includes reorganisations, corporate governance, company restructuring, project finance, contract law agreements, insolvency and bankruptcy.
We advise and represent, amongst others, debtors, creditors and rescuers in both insolvency and pre-insolvency matters. We have been involved in one of Europe’s largest “centre of main interest” filings under the European Insolvency Regulation relating to a group-wide insolvency of a large automotive supplier. Amongst the ten European jurisdictions involved, MOLITOR covered the legal aspects related to the Luxembourg companies of the insolvent group.
In addition, in early 2009, Laurent Fisch was court-appointed, under the Luxembourg Financial Sector Act, as a liquidator of Lehman Brothers (Luxembourg) S.A. (“Lehman Lux”). This issue has recently become very much more intense and interesting. Lehman Lux was previously a Professional of the Financial Sector (“PSF”) primarily involved in cross-border stock lending. As a result of stock lending and repo agreements between Lehman Lux and a Lehman entity in the UK, the latter has filed a claim for approx 4.5 billion euro against Lehman Lux. Lehman Lux is fighting the claim and has appointed MOLITOR Avocats à la Cour in Luxembourg, NABARRO LLP as UK instructing solicitors, Laurence Rabinowitz QC of One Essex Court Chambers as leading counsel and Dechert LLP in the USA. This very large and wide-ranging case has brought great international exposure to MOLITOR in the banking world.
The size of the amounts involved, the technical issues at stake, the cross- border nature of the transactions and the involvement of UK law, Luxembourg law, US law, UK courts and UK arbitration makes this one of the most interesting and high-profile cases in Luxembourg at the moment and MOLITOR is right at the heart of it.