The UK Supreme Court handed down its decision in BTI v Sequana on 5 October 2022, unanimously dismissing the appeal from the 2019 Court of Appeal decision and confirming how directors duties ought to be applied when a company is in the zone of insolvency. Although decisions of the UK Supreme Court are not binding upon the jurisdictions in which Ogier practises law, it will nevertheless be highly persuasive and influence the approach taken in the offshore jurisdictions that Ogier advises upon.
Legal claims can only be brought within the applicable limitation period prescribed by the Limitation Act (1996 Revision). A defendant to any claim that is time-barred has a complete defence. Prior to the recent decision ofRitchie Capital Management LLC et al (Ritchie) v Lancelot Investors Fund Ltd (Lancelot) and General Electric Company (GE), it had been generally understood that the Cayman approach to claims against companies in liquidation would follow the English position on the issue of limitation.
695 Buggy Circle, LLC, along with six subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware. All of the Debtors are affiliates of, and are seeking joint administration with, the Woodbridge Group of Companies, et al. (Lead Case No. 17-12560).
Candi Controls, Inc., an Oakland, CA-based provider of cloud-based services for energy and facilities management, has had an involuntary petition for relief under Chapter 11 filed against it in the Bankruptcy Court for the District of Delaware (Case No. 18-10679). The involuntary petition was filed by CGM Partners, Howard Elias and Kelly Yang Living Trust, who collectively assert $575,000 in note claims.
Bellflower Funding, LLC and Wall 123, LLC, two affiliates of the Woodbridge Group of Companies, LLC, have filed petitions for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case Nos. 18-10507 & 18-10508).
Orexigen Therapeutics, a biopharmaceutical company focused on the treatment of obesity based in La Jolla, CA, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Case No. 18-10518). According to the Petition, as of November 30, 2017, Orexigen had $265.1 million in assets and $226.4 million in liabilities.
Zohar III, Corp., along with five of its subsidiaries and affiliates, has filed a petition for relief under Chapter 11 in the Bankruptcy Court for the District of Delaware (Lead Case No. 18-10512).
The Walking Company Holdings, a Santa Barbara, CA-based designer, manufacturer and retailer of comfort footwear and casual apparel, has, along with its wholly owned subsidiaries The Walking Company, Big Dog USA, Inc. and FootSmart, Inc., filed