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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
Certain Companies that May be Subject to FDIC Orderly Liquidation Authority under Dodd-Frank are Now Subject to Qualified Financial Contract Recordkeeping Requirements

Companies that the Financial Stability Oversight Council (FSOC) believes may be subject to FDIC receivership under the Orderly Liquidation Authority contained in Title II of the Dodd-Frank Act, and certain of their affiliates, are now subject to recordkeeping requirements related to their “qualified financial contracts”1 (QFCs).

USA, Banking, Capital Markets, Insolvency & Restructuring, Dechert LLP, Depository institution, Federal Deposit Insurance Corporation (USA), Financial Stability Oversight Council, Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 (USA)