Judge Glenn endorses NFE’s English plans and releases
Chief Judge Martin Glenn published his reasoning for recognizing NFE Global Holdings Limited’s English Part 26A proceedings as foreign main proceedings and giving full U.S. effect to the sanction order, restructuring plans and plan releases. The memorandum opinion finds the debtors’ center of main interests in England based on their London registered offices, English books and records, U.K. corporate administration and creditor expectations. It also emphasizes overwhelming creditor support: six of seven voting classes approved unanimously, the seventh approved by 99.84%, and no party objected in the Chapter 15 case.
The plans separate NFE into BrazilCo, owned by participating creditors, and CoreCo, in which creditors receive 65% and existing shareholders retain 35% before dilution. Glenn enforced the releases because they were integral to exchanging creditor claims for plan consideration, while warning that Chapter 15 courts must scrutinize “COMI tourism” and foreign relief that could circumvent U.S. bankruptcy protections. A JD Supra-hosted analysis identifies the decision as guidance for U.S.-listed groups considering English plans instead of plenary Chapter 11 cases.