Ozner Water International Holding Limited (In Liquidation) [2022] HKCFI 363 (date of decision: 27 January 2022)
Hong Kong Fresh Water International Group Limited (In Liquidation) [2022] HKCFI 924 (date of decision: 6 April 2022)
Introduction
The U.S. Court of Appeals for the Sixth Circuit recently ruled in a case involving a Chapter 13 debtors’ attempt to shield contributions to a 401(k) retirement account from “projected disposable income,” therefore making such amounts inaccessible to the debtors’ creditors.[1] For the reasons explained below, the Sixth Circuit rejected the debtors’ arguments.
Case Background
A statute must be interpreted and enforced as written, regardless, according to the U.S. Court of Appeals for the Sixth Circuit, “of whether a court likes the results of that application in a particular case.” That legal maxim guided the Sixth Circuit’s reasoning in a recent decision[1] in a case involving a Chapter 13 debtor’s repeated filings and requests for dismissal of his bankruptcy cases in order to avoid foreclosure of his home.
海航集团有限公司（于中国内地重整） [2021] HKCFI 2897（裁决日期：2021 年 9 月 16 日）
前言
海航集团有限公司（一家总部设在海南的大型企业，下称“公司”）的内地重整程序最近在香港获得认可。这是香港法院首次向 内地重整程序的破产管理人颁发认可令的案例。
Grand Peace Group Holdings Limited [2021] HKCFI 2361 (Date of Decision: 24 August 2021)
Up Energy Development Group Limited [2021] HKCFI 2595 (Date of Decision: 31 August 2021)
Introduction
The vast majority of listed companies in Hong Kong are incorporated offshore, with a corporate structure that the operating and asset owning subsidiaries in Mainland China are held through intermediate subsidiaries incorporated in offshore jurisdictions such as BVI and Cayman Islands etc.
Samson Paper Company Limited (In Creditors' Voluntary Liquidation) [2021] HKCFI 2151(date of decision: 20 July 2021)
China All Access (Holdings) Limited [2021] HKCFI 1842 (date of decision: 21 June 2021)
Introduction
On January 14, 2021, the U.S. Supreme Court decided City of Chicago, Illinois v. Fulton (Case No. 19-357, Jan. 14, 2021), a case which examined whether merely retaining estate property after a bankruptcy filing violates the automatic stay provided for by §362(a) of the Bankruptcy Code. The Court overruled the bankruptcy court and U.S. Court of Appeals for the Seventh Circuit in deciding that mere retention of property does not violate the automatic stay.
Case Background
China Huiyuan Juice Group Limited [2020] HKCFI 2940 (date of decision: 19 November 2020)
The Hong Kong courts have developed over time three core requirements by reference to which the court assesses whether or not a good reason for making a winding-up-order against a foreign incorporated company in Hong Kong has been demonstrated.