As the crisis engulfing his business empire deepened, Bavaguthu Raghuram Shetty met with Bank of Baroda officials in mid-March to discuss the $250 million he and his firms owed, Reuters reported. The loans were granted on the strength of Shetty’s reputation as a billionaire and his businesses, in particular, NMC Health, the Middle East-focused hospital group he made his fortune from, according to court filings.
International Monetary Fund Chief Economist Gita Gopinath urged governments to shift to “equity-like” support from one focused on loans as the coronavirus pandemic inflicts prolonged damage on companies, Reuters reported.
One of India’s biggest state-run banks said it had fallen victim to its third multimillion-dollar fraud in as many years, a stark illustration of the bad debts and weak defenses against misconduct that plague the country’s financial system, the Wall Street Journal reported. Punjab National Bank said yesterday that a customer, the ailing property lender Dewan Housing Finance Corp., had defrauded it of the equivalent of $491 million. In a separate statement, the bank said that its board had approved a plan to raise about $1.33 billion by selling shares and bonds.
Mexico’s government yesterday ruled out a financial rescue of the country’s airlines, which have been hammered by a sharp drop in global demand for travel and restrictions imposed due to the coronavirus pandemic, Reuters reported.
Virgin Australia Holdings Ltd bondholders plan to propose to creditors a debt-to-equity swap as an alternative deal to the purchase by Bain Capital agreed by the company’s administrator, a lawyer for the bondholders said today, Reuters reported.
The National Company Law Tribunal (NCLT) approved the resolution plan for bankrupt firm Amtek Auto, submitted yesterday by US-based hedge fund Deccan Value Investors LP (DVIL), the India Times reported. This brought to a close the three-year old case after the Supreme Court (SC) in June, refused to give more time for DVIL to assess the impact of the economic contraction caused by the pandemic. A two-judge bench headed by Justice Ajay Kumar Vatsavayi passed the order, which as per the law, provides DVIL with 30 days to complete the payments.
China’s aviation industry sank further into the red, losing 34.25 billion yuan ($4.89 billion) in the second quarter, only slightly narrower than in the first quarter, underlining the colossal financial impact from the coronavirus pandemic, Reuters reported.
V2 Retail has settled its payment-related dispute with an operational creditor and expects to come out of the insolvency proceedings, according to Ram Chandra Agarwal, the Chairman of the suspended board of the company, IndiaRetailing.com reported. V2 Retail has made payment to the operational creditor, which had dragged it to NCLT, he said.
Cirque du Soleil and its secured creditors are close to reaching a agreement on a second stalking horse bid for the financially strapped entertainment group, after lenders opposed a deal with shareholders including TPG Capital and Fosun International, a Canadian court heard today, Reuters reported. Canada’s once high-flying Cirque has received protection from creditors as it restructures after the COVID-19 pandemic forced it to cancel shows and lay off artists. The Montreal-based entertainment company filed for bankruptcy in late June.
Canadian employment rose by a record-setting 953,000 people in June as COVID-19 lockdown restrictions eased across the country, the Globe and Mail reported. Statistics Canada said today that combined with May’s gain of nearly 290,000 workers, the labour market has recovered about 40 percent of the three million jobs that were lost during the pandemic. The unemployment rate fell to 12.3 percent from May’s record of 13.7 percent. June’s employment gains were almost evenly split between full-time and part-time work.
Resources by Country & Region
Chapter 15 News: Delaware District Court rejects lawsuit against foreign representatives by Search Results Web results David H. Conaway
In a Chapter 15 procedure in Delaware, a disgruntled “creditor” sued the Chapter 15 UK-based “foreign representatives” in their individual capacities. The case is McKillen v. Wallace (In re IBRC), No. 18-1797, 2019 U.S. Dist. LEXIS 166153 (D. Del. Sept. 27, 2019). Before administrators or liquidators outside the US become concerned about liability for serving as foreign representatives in Chapter 15 cases, read on.
The differences between Member States in relation to substantive and procedural rules are commonly a source of difficulties in cross-border proceedings.
Among others the Regulation 2015/848 of the European Parliament and the Council on insolvency proceedings (hereinafter: EIR-R) provides some new legal instruments to limit the possibility of secondary insolvency proceedings. The undertaking (Art. 36) is one of the new features which has not been known before in Continental legal systems.
Demystifying offshore: Obtaining information by Stephen Alexander, Nicholas Fox, Justine Lau and Abel Lyall
In our last article, building upon presentations by the Anti-Fraud Forum, the authors discussed steps European-based insolvency officeholders could take in order to obtain recognition and assistance from the British Virgin Islands, Cayman Islands, Guernsey or Jersey (which, for convenience, we called the four Crown Dependencies and Overseas Territories (CDOTs).
In this article, we build upon that foundation by examining some of the more common mechanisms for obtaining information in the CDOTs.
Enhancing entrepreneurship and the growth of SMEs across Europe by Piya Mukherjee, Rita Gismondi, Ángel Alonso and Bart De Moor
Early Warning Europe is a project to enhance entrepreneurship and growth of SMEs across Europe. They work on policies related to insolvency, developing and testing innovative methods and helping companies in difficulty by setting up early warning mechanisms.
Asset depletion is predominantly driven by the debtors’ tendency to place significant parts of the insolvency estate beyond the reach of creditors.
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: