Hong Kong, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Reynolds Porter Chamberlain, Due diligence, Initial public offerings
Hong Kong, Insolvency & Restructuring, Litigation, Reynolds Porter Chamberlain, Court of First Instance (Hong Kong)
Hong Kong, Compliance Management, Construction, Insolvency & Restructuring, Litigation, Reynolds Porter Chamberlain, Bankruptcy, Contempt of court, Costs, Court of First Instance (Hong Kong)
- Introduction
- Recent case
- Court's obiter comments
- Comment
Introduction
In a highly-anticipated decision on a long-running bondholder dispute, the US Court of Appeals for the Second Circuit issued its judgment last week in Marblegate Asset Management LLC v Education Management Corp. It concluded that “Section 316(b) [of the US Trust Indenture Act 1939] prohibits only non-consensual amendments to an indenture’s core payment terms”, i.e. the amount of principal and interest owed and the maturity date.
European Union, USA, Capital Markets, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP, Bankruptcy, Consideration, Second Circuit
Hong Kong, Insolvency & Restructuring, Litigation, RPC, Bankruptcy, Breach of contract, Negligence, Deloitte, Trustee, Court of Appeal of England & Wales, Court of Final Appeal (Hong Kong)
Hong Kong, Insolvency & Restructuring, Litigation, RPC, Discovery, Ex parte, Liquidation, Writ, Liquidator (law), Deloitte, Singapore High Court
From 1 April 2016, conditional fee agreements (CFA), after the event premiums and success fees will no longer be recoverable in insolvency cases.
The legislative change is set to have the biggest impact on lower-value insolvency cases (damages less than £500,000 and legal costs lower than £200,000).