Loans to Venezuela from President Nicolas Maduro’s allies Russia and China would be renegotiated though the Paris Club if Maduro leaves power, an advisor to the opposition said on Wednesday, responding to concerns about favourable treatment for the two countries, Reuters reported. Ricardo Hausmann, who represents opposition leader Juan Guaido at the Inter-American Development Bank (IADB), said Guaido’s team has not determined how loans might be restructured under its governance because bilateral debt talks typically take place under the auspices of the Paris Club creditor group.
The National Company Law Appellate Tribunal (NCLAT)RWednesday directed IDBI Bank, the lead lender of debt-ridden Jaypee Infratech, to file an affidavit listing out new terms and conditions if a fresh round of bidding is conducted, Business Standard reported. A two-member bench headed by Chairman Justice S J Mukhopadhaya has asked IDBI Bank to file an affidavit by Friday in this regard. The appellate tribunal has listed the matter for next hearing on Monday. "Counsel appearing for lenders is allowed to file new terms and conditions in case fresh bidding takes place," the bench said.
Cyril Amarchand Mangaldas is the largest law firm in India, and is well equipped to manage the Jet Airways project, given some of its recent assignment. In 2017, the law firm was called upon to help with the divestment of Indian public sector airline carrier Air India, alongside EY and Rothschild, Consultancy.in reported. The firm will now help the State Bank of India (SBI) with resolving the situation at Jet Airways, after the creditor made the decision to begin the insolvency process for the airline.
The National Company Law Appellate Tribunal (NCLAT) Wednesday directed IDBI Bank, the lead lender of debt-ridden Jaypee Infratech, to file an affidavit listing out new terms and conditions if a fresh round of bidding is conducted, Business Standard reported. A two-member bench headed by Chairman Justice S J Mukhopadhaya has asked IDBI Bank to file an affidavit by Friday in this regard. The appellate tribunal has listed the matter for next hearing on Monday. "Counsel appearing for lenders is allowed to file new terms and conditions in case fresh bidding takes place," the bench said.
In a big relief for banks, the government is bringing in multiple reforms to the three-year-old Insolvency and Bankruptcy Code (IBC), providing clarity about preference to secured lenders over operational creditors, to be applicable retrospectively; strict timelines for the resolution and litigation process; and powers of the committee of creditors (CoC) Business Standard reported. Lenders and legal experts say that the amendments, especially regarding the treatment of operational creditors, will help end the uncertainty around recovery for the financial creditors of Essar Steel.
Foreign investors have ended their near-boycott of Ukrainian local currency government debt, returning en masse in recent months amid an improving political and economic backdrop, the Financial Times reported. Just 1.6 per cent of Ukraine’s hryvnia-denominated sovereign bonds were held by foreign investors in December, in the wake of a series of calamities that had seen the currency ship 70 per cent of its value against the dollar since the start of 2014.
The family that controls Apollo Hospitals Enterprise Ltd., India’s largest private hospital chain, is looking to sell assets or bring an outside investor into their holding company to pay down debt, Bloomberg News reported. The aim is to reduce the Apollo shares pledged by the family as collateral to lenders, to 20% of their total holding in the company from about 78% now, said Suneeta Reddy, Apollo’s managing director and one of the four daughters of founder Prathap Reddy. The Reddy family owns about 34% of Apollo’s stock.
The wild ride in an Indonesia textile maker’s dollar bonds is putting a spotlight on the risks that Asia junk bond buyers are taking, Bloomberg News reported. Four months after a subsidiary of Indonesia’s Duniatex Group sold a $300 million bond, attracting over $1 billion of orders, that bond has plummeted, losing nearly 70 cents on the dollar this week. The stunning fall, prompted by a missed loan payment by another group subsidiary, has shocked bond investors.
Cash-strapped Dewan Housing Finance Corp. is in discussions with its bondholders to revamp its debt as the Indian mortgage lender tries to shore up its financials after posting its first quarterly loss in more than a decade, Bloomberg News reported. In a meeting with its rupee bondholders last week, Dewan Housing discussed an inter-creditor agreement that the consortium of bankers has agreed to enter for a potential restructuring of its liabilities, according to three people familiar with the matter.
The Bank of England and Financial Conduct Authority have stepped up their rhetoric about the dangers posed by funds offering customers daily redemption rights while investing in stuff that may prove hard to sell when times get tough, a Bloomberg View reported. The problem they and their fellow regulators face is that market liquidity is an elusive, contradictory thing: It can be reliably ever-present when it isn’t needed – only to vanish as soon as it’s desperately desired. Bank of England Governor Mark Carney is unequivocal in his condemnation of the status quo.
Resources by Country & Region
On 1 January 2019 the Modernisation of Bankruptcy Procedure Act (MBPA) entered into force in the Netherlands. The MBPA brings Dutch bankruptcy law into the 21st century by modernising a number of aspects of the bankruptcy procedure (faillissement).
In particular, the MBPA aims to achieve the following three goals:
- i) increased digitalisation and transparency;
- ii) increasing the speed of the procedure; and
- iii) providing for a more madeto- measure procedure and more specialisation and expertise.
Small jurisdictions often suffer from deficiencies in appropriate laws, qualified professionals, supportive courts and policymaking infrastructure. The volume of economic activity is also a factor dictating the development of laws and legal infrastructure.
Following the end of the Kosovo war in 1999, the country’s governing structures including its banking system had collapsed. The rush to establish legal frameworks and governing mechanisms caused gaps in various areas.
One of those areas was insolvency proceedings. Four years after the war ended, in 2003, the provisional Self-Government of Kosovo adopted the UNMIK Regulation No. 2003/7 on Liquidation and Reorganisation of Legal Persons in Bankruptcy. In 2016, this Regulation was replaced by the Law on Bankruptcy, which was adopted by the Kosovo Parliament.
A June 2018 Bankruptcy Court decision in the Southern District of New York (SDNY) held that foreign companies with no presence in the US were subject to default judgements.
Switzerland’s new (or updated…) international insolvency law by Prof. Rodrigo Rodriguez and Marjolaine Jakob
Switzerland’s international insolvency law – the relevant provisions being contained in Art. 166-175 of the Swiss International Private Law Act (‘SPILA’) of 1989 – is governed by the principle of passive territoriality – or must we say “was”?
This updated edition describes the framework of the European Insolvency Regulation Recast (adopted in June 2017), reviews its major rules, highlights the differences from the old EIR 2000, and makes references to the most important and recent cases of the Court of Justice of the European Union. An essential guide for non-European judges, practitioners and scholars who are confronted with this domain of law, as well as anyone dealing with EU-related cross-border cases, this book serves as a concise and comprehensive introduction to the EIR Recast.
Chapter 15 for Foreign Debtors covers all aspects of the UNCITRAL Model Law on Cross-Border Insolvency as well as chapter 15 of the Bankruptcy Code, and provides details about the Foreign Representative, avoidance actions, creditor protections, concurrent proceedings, comity and much more. The book also includes an extensive appendix filled with more than 500 pages of sample case documents and forms related to chapter 15 proceedings.
This book is the latest addition to our list of publications and it provides basic information on Islamic finance. It is meant to be a useful reference tool to the majority of insolvency practitioners who do not work in this field. The chapters in this book were selected on the basis that it is expected that most INSOL members currently have very limited understanding of Islamic finance.
The book has 10 chapters, a country study, and an annexure with a glossary of Islamic finance terms. Following the introductory chapter there are chapters on: