Brazilian telecom carrier Oi SA disclosed on Tuesday a new strategic plan aiming to divest up to 7.5 billion reais ($2 billion) in non-core assets and focus on its fiber-to-home (FTTH) broadband service, Reuters reported. The company, which filed for bankruptcy protection in June 2016 to restructure approximately 65 billion reais of debt, plans to sell towers, data centers, real estate assets, its Angolan subsidiary Unitel and other non-strategic assets between 2019 and 2021.
Views on the state of the German economy darkened again in July, according to a key survey, as analysts weighed factors including rising tensions in the Gulf, the US-China trade dispute and uncertainty around the UK’s exit from the EU, the Financial Times reported. The Zew survey of financial market experts indicated deteriorating views on both the current state of and outlook for Europe’s powerhouse industrial economy.
A group of lenders led by State Bank of India has filed a case in the nation’s Supreme Court seeking to annul a ruling that gives almost equal rights over the country’s largest distressed steel mill’s obligations to lenders and its 1,936 vendors, Bloomberg News reported. Earlier this month an Indian bankruptcy court, that allowed ArcelorMittal’s $6 billion purchase of Essar Steel India Ltd. said the money has to be shared proportionately among all creditors. The judgment will enable vendors such as Associated Road Carriers Ltd.
GAM has drawn a line under a crisis that has engulfed the Swiss asset manager for nearly a year by selling a final tranche of £600m of bonds back to British industrialist Sanjeev Gupta, the Financial Times reported. The sale, which was announced on Monday evening, will allow GAM to pay back investors in its Absolute Return Bond Fund range, who have been frozen in the former flagship strategy since it suspended trading last August.
Conditions in China’s credit market are helping to stoke startling growth in the nation’s pile of asset-backed securities, according to a top underwriter. Almost all types of bonds have been affected by the fallout from a surprise government takeover of a troubled lender in May, Bloomberg News reported. But banks are the main holders of China’s ABS and have better access to funding, largely preventing a sell-off in the sector, said Zuo Fei, general manager of the innovation financing department from China Merchants Securities Co.
India’s insolvency tribunal has made a dangerous decision. Unless its judgment is quashed, credit costs for India Inc. will surge, shares of state-run banks will swoon and foreign investors will flee. The case concerns the country’s most high-profile bankruptcy, Essar Steel India Ltd, a Bloomberg View reported. Insolvency judges recently ruled that creditors whose claims are backed by collateral won’t get preferential treatment in the $6 billion sale of the company’s plant to ArcelorMittal. Secured creditors will stand in line with unsecured creditors.
Tongaat Hulett Ltd. is asking 10 lenders for a break from payments on as much as 11 billion rand ($793 million) of debt so it can recover from the impact of having to restate accounts, according to Chief Executive Officer Gavin Hudson, Bloomberg News reported. The embattled South African sugar maker is spending about 1 billion rand a year servicing the borrowings and is looking to negotiate a freeze by the end of July, Hudson said in an interview at Tongaat’s 19th century Durban headquarters, an old farmhouse surrounded by sugar-cane fields.
Suzlon Energy Ltd., which became India’s biggest convertible-note defaulter in 2012, said it missed payments on dollar-denominated convertibles due Tuesday. The stressed wind-turbine maker faced a July 16 deadline to repay $172 million outstanding on such securities that were issued as part of a debt restructuring, Bloomberg News reported. While that revamp helped the company’s shares surge in 2014-2015, they’ve since slumped after India’s shift to auctions for building wind projects increased competition and diluted Suzlon’s market share.
The extended grounding of Boeing Co.’s 737 Max plane forced Ryanair Holdings Plc to scale back growth plans for next summer, putting the airline industry on notice that the crisis is starting to affect longer-term plans, Bloomberg News reported. With a return date for the Max still uncertain after two fatal crashes, Ryanair is likely to receive barely half of the 58 planes it was expecting for the 2020 peak schedule, the Irish company said Tuesday, estimating that the reduction will wipe 5 million passengers from its full-year tally.
China’s efforts to shore up sagging economic growth are leading to a resurgence in indebtedness, underlining the challenge President Xi Jinping’s government faces in curbing financial risk, Bloomberg News reported. The nation’s total stock of corporate, household and government debt now exceeds 303% of gross domestic product and makes up about 15% of all global debt, according to a report published by the Institute of International Finance. That’s up from just under 297% in the first quarter of 2018.
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: