Peter J.M. Declercq

Peter J.M. Declercq

Partner

London, 44 (207) 9204041

Education

Erasmus University Rotterdam (P, 1990)
Erasmus University Rotterdam (J.D., 1994)
New York University School of Law (LL.M., 1995)

Bar Admissions

New York
England & Wales

Peter J.M. Declercq is a partner in the Business Restructuring & Insolvency Group of Morrison & Foerster’s London Office. His practice focuses on cross-border insolvencies, restructurings, and distressed investments (including distressed mergers and acquisitions).

Mr. Declercq provides comprehensive counsel to distressed investors (including hedge funds, private equity funds, and investment banks) on all aspects of the life cycle of their investments, as well as “zone of insolvency” counselling to sponsors and (members of the) boards of distressed companies. He further represents formal and ad hoc creditor groups in multinational out-of-court restructuring transactions and in formal insolvency proceedings. In addition, he has experience advising buyers and sellers of distressed assets (including Non-Performing Loan (“NPL”) portfolios) throughout Europe.

Mr. Declercq has been recognized as a leading restructuring and insolvency lawyer by Chambers Global and Legal 500 UK, and has been named an INSOL International Fellow. He is presently serving as chair of the INSOL Fellows UNCITRAL Model Law Implementation Steering Committee, working closely with the World Bank and UNCITRAL in relation to the Model Law implementation. As a recognized expert, Mr. Declercq regularly speaks and writes on the subject of global insolvency law. He is licensed to practice in England & Wales, The Netherlands, and New York.

Mr. Declercq earned his Propaedeutic in Law degree cum laude from Erasmus University in Rotterdam, as well as his Juris Doctor degree. He attended New York University School of Law as a Fulbright Scholar, where he earned a Master of Laws degree.

Panceltica Holdings Limited
Representation of the board of Panceltica Holdings Limited (AIM listed company in the construction business with main operations in Qatar)
Polymer Vision Limited
Representation of Dutch liquidator of Polymer Vision Limited in English (personal) liability proceedings commenced against the Dutch liquidator resulting in the judgment [2011] EWHC 2951 (Comm) in favour of the Dutch liquidator
Petroplus Group
Lead counsel representing the (successor) indenture trustee in relation to $1.6bn in notes in the Petroplus Group cross-border insolvency
OSX
Represented the Dutch liquidator of OSX Leasing BV in cross-border security interest dispute
ESTRO
Represented major stakeholder in the restructuring of Dutch child day-care provider ESTRO
English RMBS Securitisation
Representation of significant noteholder in Mortgage Funding 2008-1 in the successful consensual restructuring of an English RMBS Securitisation in two phases
IVG Immobilien Group
Representation of large holder of Syn Loan I and Syn Loan II in the EUR1.45bn insolvency and restructuring of the German property dealer the IVG Immobilien Group
Lehman Brothers Treasury Company B.V. and Lehman Brothers Holdings Inc.
Representation of an ad hoc group of holders of structured notes in the insolvencies of Lehman Brothers Treasury Company B.V. and Lehman Brothers Holdings Inc.
Northern Rock PLC
Representation of large stakeholder affected by the nationalisation of Northern Rock PLC
LyondellBasell Litigation Trust
Representation of LyondellBasell Litigation Trust in US litigation against LyondellBassell directors and shareholders
Panceltica Holdings Limited
Representation of the board of Panceltica Holdings Limited (AIM listed company in the construction business with main operations in Qatar)
Polymer Vision Limited
Representation of Dutch liquidator of Polymer Vision Limited in English (personal) liability proceedings commenced against the Dutch liquidator resulting in the judgment [2011] EWHC 2951 (Comm) in favour of the Dutch liquidator
Petroplus Group
Lead counsel representing the (successor) indenture trustee in relation to $1.6bn in notes in the Petroplus Group cross-border insolvency
OSX
Represented the Dutch liquidator of OSX Leasing BV in cross-border security interest dispute
ESTRO
Represented major stakeholder in the restructuring of Dutch child day-care provider ESTRO
English RMBS Securitisation
Representation of significant noteholder in Mortgage Funding 2008-1 in the successful consensual restructuring of an English RMBS Securitisation in two phases
IVG Immobilien Group
Representation of large holder of Syn Loan I and Syn Loan II in the EUR1.45bn insolvency and restructuring of the German property dealer the IVG Immobilien Group
Lehman Brothers Treasury Company B.V. and Lehman Brothers Holdings Inc.
Representation of an ad hoc group of holders of structured notes in the insolvencies of Lehman Brothers Treasury Company B.V. and Lehman Brothers Holdings Inc.
Northern Rock PLC
Representation of large stakeholder affected by the nationalisation of Northern Rock PLC
LyondellBasell Litigation Trust
Representation of LyondellBasell Litigation Trust in US litigation against LyondellBassell directors and shareholders

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