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Cross-border insolvency - Hong Kong Court confirms common law recognition and assistance does not extend to solvent liquidations

Seahawk China Dynamic Fund [2022] HKCFI 1994 (date of reasons for decision: 4 July 2022)

Introduction

Asia-Pacific, China, Hong Kong, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP
A crucial step - mutual recognition and assistance to insolvency/ bankruptcy proceedings between Hong Kong and the mainland

On 14 May 2021, the Government of HKSAR and the Supreme People's Court signed the "Record of Meeting of the Supreme People's Court and the Government of the Hong Kong Special Administrative Region on Mutual Recognition of and Assistance to Bankruptcy (Insolvency) Proceedings between the Courts of the Mainland and of the Hong Kong Special Administrative Region" which effects a cooperation mechanism for Hong Kong liquidators and Mainland administrators to seek mutual recognition and assistance.

Asia-Pacific, China, Hong Kong, Banking, Insolvency & Restructuring, Litigation, Stephenson Harwood LLP, Supply chain
Desperate Times Call for Desperate Measures: Delaware Bankruptcy Court Doesn’t Answer in Syntax-Brillian, Denying Motion to Remove Trustee

The Bankruptcy Code’s priority scheme provides that the shareholders generally cannot receive anything on account of their investment until all secured, priority and unsecured creditors are paid in full.

USA, Delaware, Insolvency & Restructuring, Litigation, Weil Gotshal & Manges LLP
Backstage Rider Demands: 10 Bottles of Dom Perignon, M&Ms (Absolutely No Brown Ones!), Two Ice Cream Cakes, and a DIP Carve Out

While rockstars such as Iggy Pop and Nikki Sixx of Mötley Crüe were infamous for outlandish rider requests while on tour, perhaps nobody is more notorious for their demands of concert promoters than Van Halen.

USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP, Debtor
50 Cent: You Love Him in a Bentley, But Would You Love Him on a Bus? 50’s Creditors Have 21 Questions, and They’re All About U.S. Bankruptcy Law

♫ “Girl, it’s easy to love me now.

Would you love me if I was down and out?

Would you still have love for me?” ♫

-50 Cent, 21 Questions

USA, Insolvency & Restructuring, Litigation, Media & Entertainment, Weil Gotshal & Manges LLP