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Restructuring and insolvency

The repercussions of the property crash still continue to fuel the restructuring and insolvency market in Ireland. "The last 12 months has been dominated by the property sector and the clear up after that between the advent of the loans having now actually moved in to Nama (National Asset Management Agency) and Nama actually now starting to deal with those loans," says one insolvency partner.

Having assumed the loan portfolios of Ireland's struggling financial institutions, Nama is currently the largest holder of distressed equity in the world. The state agency is in the process of deciding on how to proceed with the loans; through enforcement or consensual restructurings, having evaluated debtor's portfolios and prospects for the future. "We're seeing quite a lot of restructuring work, but we're seeing more enforcement where restructuring is not possible for one reason or another. Nama of course is a major force in driving both of those aspects and has really swung in to action and work is frankly pouring in from them," remarks one lawyer.

Industries connected with real estate have also been affected by the ripples of the crisis with even those businesses that don't have a primary interest in the real estate market being been brought down because of some level of speculative investment within this area. "The other sectors really suffering are: the hospitality sectors, that's anything under hotel and licensed premises; the retail sector is also feeling the strain," explains one lawyer.

Outside of these sectors, the current economic cycle has seen some marquee names such as the Quinn Group and Eircom undertake significant restructurings and shown that no one is immune from the inherent economic difficulties the country is facing.

Lawyers have seen a reduction in the number of examinerships applied for and several speculated companies have been deterred after a number of cases were unsuccessful: "Examinerships, which were very prevalent 12 months ago, have probably eased a bit because most of them failed under Irish law. There has been very few," says one lawyer.

An Irish construction company, McInerney Homes, failed in its bid to be utilise this process. There are exceptions, Xtravision, the Ireland's largest film rental chain, went in to examinership and domestic airline, AirElan, both came through the process successfully.

In regard to Xtravision case, an important point was clarified by Supreme Court, which ruled that companies in examinership can apply to repudiate leases on existing outlets to cut back costs. Lawyers feel this will increase the chances of retailers coming through the process in future and that it will be availed off frequently: "I think retail chains are going to use that to scale back operations and cut of liabilities maybe when they've closed doors or to close those doors with a view to restructuring themselves," says one.

A further development on the legislative side has seen ongoing discussions concerning the reform of Ireland's archaic bankruptcy code: "There are proposed changes to our bankruptcy regime. Currently there isn't an automatic discharge it lasts for a minimum period of 12 years. There's restrictions on the bankrupt operator applying for credit. There's a lot of talk about that needing to be reformed with a view to making that easier for individuals," explains one lawyer.

Insolvency lawyers foresee another busy 12 months with the level of distressed debt within the Irish market still extremely high. "Until a number of the banks decide to act on the basis of the provisions; either by way of restructuring and there might be a lot of debt for equity deals coming in the next 24 months; or, there may yet be a lot of receivership appointments, but there's a lot of debt that still needs to wash through," says the head of a leading insolvency practise.

A&L Goodbody

A year in the top tier has served A&L Goodbody well and the firm justified its rank securing roles on all sides of the restructuring process in some of Ireland's headline deals.There is no complicated equation for the firm's success, competitors pin it down to the quality of its two leading lawyers who are widely recognised as heavyweights in the insolvency area.... [more]

Leading lawyers
David Baxter
Mark Traynor

Arthur Cox

Arthur Cox has one of the pre-eminent figures in the industry in practice head William Day, who both commentators and clients consider to be one of the best insolvency lawyers in the country. One client who uses all of the ranked firms says: "We would view Cox's as the strongest.... [more]

Leading lawyers
William Day

Eugene F Collins

Eugene F Collins' established niche insolvency practise moves up a tier in recognition of the quality of its lawyers, who are extolled by clients and competitors, and their involvement in some challenging mandates in the last 12 months.The firm plays a part in the majority of the county's most significant cases, although often not in the most lucrative role; for the banks.... [more]

Leading lawyers
Barry O'Neill
Doug Smith

Matheson Ormsby Prentice

Undisputedly a top tier firm, Matheson Ormsby Prentice has a strong group of well-respected partners led by clients favourite Tony O'Grady. The firm's restructuring and insolvency department has been active on a range of contentious and non-contentious corporate restructuring and insolvency matters.... [more]

Leading lawyers
Julie Murphy
Tony O'Grady

McCann FitzGerald

McCann FitzGerald have extensive experience in restructuring, workouts and insolvency on behalf of both banks and creditors and have continued to secure roles in some of the country's leading cases in the last 12 months.Head of the practice Jane Marshall is singled out by lawyers and clients as one of the foremost insolvency lawyers in the country.... [more]

Leading lawyers
Jane Marshall
Michael Murphy

William Fry

Unquestionably among the leaders in the field in the eyes of competitors, William Fry continued to advise on complex high-value insolvency cases in Ireland for state entities, banks and corporations over the last 12 months.The practice ticks all right boxes for clients who say it offers timely, accurate and innovative advice.... [more]

Leading lawyers
Michael Quinn

Mason Hayes & Curran

Mason Hayes & Curran has solidified it's position in the second tier after acting on a string of solid cases.The team, led by Declan Black, expanded to four partners in 2010 with the promotions of Judith Riordan and Jane Pilkington.... [more]

Leading lawyers
Declan Black

Eversheds

The market regards Eversheds as accurately ranked. "They get their share of the work and they've got some good lawyers so I think tier three is fair," says one competitor.... [more]

Maples and Calder

Commentators Maples and Calder note that the firm has been absent from the market since Mark Traynor moved to A&L Goodbody several years ago. The firm is, however, in the process of rebuilding, illustrated by the hire of Paul Dobbyn from the Irish bar who came in as head of department.... [more]

Byrne Wallace

There is a lot of gossip among insolvency lawyers in Ireland concerning Byrne Wallace's former practice head Gavin Simons. The market attributes the bulk of the firm's insolvency work to Simons and as yet it has not found a replacement.... [more]

LK Shields

LK Shields' restructuring and insolvency department is headed by Ed Butler. All the firm's notable recent work has had a property slant and is often handled by insolvency partner Jill Callanan in partnership with commercial property department partner Paul McCutcheon.... [more]

Other notable - Daniel Murphy Solicitors

Daniel Murphy Solicitors was established by Gavin Simons, the former head of restructuring and insolvency at Byrne Wallace, at the beginning of 2011. Competitors feel the boutique insolvency practice will prosper with Simons' name but may not be able to handle the larger mandates.... [more]

See also

Ireland
Western Europe

Practice areas

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