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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
So the U.S. Supreme Court Resolved a Circuit Split Concerning Trademark Licenses, Now What?

In Mission Products Holdings, Inc. v. Tempnology, LLC, the U.S. Supreme Court resolved a question that vexed the lower courts and resulted in a circuit split: does the rejection by a debtor-licensor of a trademark license agreement terminate the licensee’s rights under the rejected license?

USA, Insolvency & Restructuring, Litigation, Trademarks, Dechert LLP, Debtor, Supreme Court of the United States