China plans to take over indebted conglomerate HNA Group Co. and sell off its airline assets, the most dramatic step to date by the state to contain the deepening economic damage from the deadly coronavirus outbreak, Bloomberg News reported. The government of Hainan, the southern island province where HNA is based, is in talks to seize control of the group after the contagion hurt its ability to meet financial obligations, according to people familiar with the plans.
The National Company Law Appellate Tribunal (NCLAT) has dismissed the insolvency plea filed by IFCI against ACCIL Hospitality, a corporate guarantor of debt-ridden steel products maker Asian Colour Coated Ispat, Outlook reported. The tribunal observed that creditors of a debt-ridden company cannot file fresh insolvency plea against its corporate guarantor after collating the claims from principal borrowers as it would amount to "duplicity of claims being pressed".
The poorer debt serviceability seen earlier among small businesses is spilling over to medium-sized enterprises, suggesting more vulnerabilities in the financial system, according to the Monetary Policy Committee (MPC) meeting minutes from earlier this month, the Bangkok Post reported. Risks in the period ahead have increased as a result of the coronavirus outbreak, delayed government spending and the intensifying drought, the MPC said.
Investment firm CRF I Ltd. sued Cuba in a London court in an attempt to force the island’s communist government to repay commercial debt that it defaulted on more than three decades ago, Bloomberg News reported. CRF, which has held Cuban debt for more than a decade, said the claim was filed in U.K. High Court against the government and state-owned Banco Nacional de Cuba. It stems from credits two European banks extended to the Cuban bank in 1982 and 1984, according to a copy of the claim seen by Bloomberg.
China is finally speeding up its creaky bankruptcy process after two years of record defaults. Within one day of filing paperwork, a Beijing court has accepted a creditor’s application to start the restructuring process for Peking University Founder Group — a state-linked conglomerate with connections to a prestigious university that’s tangled up in legal drama with a fugitive billionaire, Bloomberg News reported in a commentary. It could become one of China’s biggest defaults.
India’s shadow banking crisis and revitalized bankruptcy process are creating new opportunities for Deutsche Bank AG as it steps up lending to cash-strapped tycoons and for purchases of distressed assets, Bloomberg News reported. The German lender is seeing three times the volume of financing deals compared with 2018, when the shadow banking problems erupted, according to Rahul Chawla, the head of global credit trading at Deutsche Bank’s India unit.
Singapore’s embattled water treatment firm Hyflux Ltd. has received interest from a new investor, a day before its next court hearing, adding yet another twist to the nation’s most high-profile debt restructuring case that has dragged for more than 18 months, Bloomberg News reported. Hyflux received a letter from Longview International Holdings expressing interest in investing in the company together with an undisclosed “major Chinese entity” as a joint venture partner, according to a filing. The statement didn’t provide any further details on the plan.
State Bank of India has agreed to proceed with a restructuring proposal by wind power firm Suzlon Energy Ltd., a senior banker familiar with the matter told BloombergQuint on the condition of anonymity, BloombergQuint reported. The decision was taken by the bank’s board after a series of meetings last week. Suzlon, which owes banks Rs 11,300 crore, had proposed to split its debt into a sustainable and an unsustainable part. The company sought to convert Rs 7,700 crore in debt into convertible debentures, which would be held in the investment books of banks.
Lebanon’s financial situation points to a likely restructuring of the country’s massive debt and financial sector to preserve declining foreign currency reserves, Fitch Ratings said Tuesday. The credit rating agency’s report comes as Lebanese officials are debating whether to pay back $1.2 billion worth of Eurobonds that mature on March 9 amid a severe economic and financial crisis, the worst since the country’s 1975-90 civil war, Egypt Independent reported. Lebanon has never defaulted before, and the decision is causing much anxiety in the crisis-hit country.
The IMF has called for a major debt restructuring in Argentina in which private creditors would take a significant hit, after deeming the country’s debt to be unsustainable. In a statement issued on Wednesday following a week of “very productive” talks with government officials in Buenos Aires, the fund said Argentina’s debt had “deteriorated decidedly” since its last assessment in July, the Financial Times reported.
Resources by Country & Region
The recently adopted Directive on restructuring and insolvency (the ‘Directive’) seems to indicate that IT might help running proceedings more efficiently. For example, in connection with the selection of practitioners, the Directive’s Recital 88 reads:
“Member States should not be prevented from providing for a practitioner to be selected by other methods, such as random selection by a software programme, provided that it is ensured that in using those methods due consideration is given to the practitioner's experience and expertise.”
Belarus: New draft laws on insolvency. The Government of the Republic of Belarus has submitted a new draft law on insolvency to the Parliament. The Resolution No.9 of the Ministry of Economy ‘On electronic bidding for the sale of property in economic insolvency (bankruptcy) proceedings” will come into force on 13 November 2019.
Associations for creditor protection are a central component of the Austrian insolvency landscape. As “privileged associations for creditor protection” legally anchored and equipped with so-called “preferential rights”, they are an inseparable part of all insolvency proceedings conducted in Austria, providing services to creditors, insolvency practitioners and insolvency courts alike.
The acquisition of production units (PU), defined by article 149.4 of the Insolvency Act 22/2003 (IA) as “a set of means organised for the purpose of carrying out an essential or ancillary economic activity”1, can be structured in each of the phases of the Spanish insolvency procedure, i.e.: (i) common phase, (ii) composition phase, (iii) liquidation phase, and (iv) pre-pack process; each of them with the specificities analyzed below
Demystifying offshore: recognition and assistance in overseas territories by Stephen Alexander, Nicholas Fox, Justine Lau and Abel Lyall
In a global financial environment, insolvency office-holders will often need to look beyond their home jurisdictions in order to undertake their principal function of getting in and realising assets.
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: