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Creditor's interest the key consideration in an application to stay a winding-up order pending appeal

Introduction 

Section 209(1) of the Companies (Winding Up and Miscellaneous Provisions) Ordinance (Cap. 32) empowers the Hong Kong court to make an order staying the winding-up proceedings after the winding-up order is made upon the application of, among others, a contributory. However, in the case of Safe Castle Limited v China Silver Asset Management (Hong Kong) Limited [2020] HKCFI 1028, Harris J made it clear that the court will be reluctant to exercise its discretion to stay a winding-up order pending appeal.

Hong Kong, Insolvency & Restructuring, Litigation, ONC Lawyers
Is the court’s sanction required for litigation funding agreements?

Introduction

Hong Kong, Insolvency & Restructuring, Litigation, ONC Lawyers
Transfer of business and insolvency

Introduction

Hong Kong, Insolvency & Restructuring, Litigation, ONC Lawyers
How to dispute an “indisputable” debt? Implied term can defeat a winding-up petition

Introduction

Hong Kong, Insolvency & Restructuring, Litigation, ONC Lawyers
House Committee on Financial Services holds hearing on Lehman Bankruptcy examiner’s report

On April 20, the House Committee on Financial Services held a hearing to discuss public policy issues raised by last month’s report of court-appointed bankruptcy examiner for Lehman Brothers Holdings Inc. (Lehman Brothers), Mr. Anton R. Valukas. The Committee heard testimony from the following witnesses:

Panel One:

USA, Capital Markets, Insolvency & Restructuring, Alston & Bird LLP, Bankruptcy, Audit, Board of directors, Accounting, Defamation, Balance sheet, US Securities and Exchange Commission, Federal Reserve (USA), FSAB, US House Committee on Financial Services, Chair of the Federal Reserve, Lehman Brothers, Ernst & Young, Chief executive officer