Hong Kong, Capital Markets, Company & Commercial, Insolvency & Restructuring, Litigation, Reynolds Porter Chamberlain, Due diligence, Initial public offerings
Hong Kong, Insolvency & Restructuring, Litigation, Reynolds Porter Chamberlain, Court of First Instance (Hong Kong)
Hong Kong, Compliance Management, Construction, Insolvency & Restructuring, Litigation, Reynolds Porter Chamberlain, Bankruptcy, Contempt of court, Costs, Court of First Instance (Hong Kong)
- Introduction
- Recent case
- Court's obiter comments
- Comment
Introduction
On January 17, 2017, the Court of Appeals for the Second Circuit issued its long-anticipated opinion in Marblegate Asset Management, LLC v. Education Management Finance Corp., 1 ruling that Section 316(b) of the Trust Indenture Act of 1939, 15 U.S.C. § 77ppp(b) (the “Act”), prohibits only non-consensual amendments to core payment terms of bond indentures.
USA, Banking, Capital Markets, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Bond (finance), Second Circuit, United States bankruptcy court
Hong Kong, Insolvency & Restructuring, Litigation, RPC, Bankruptcy, Breach of contract, Negligence, Deloitte, Trustee, Court of Appeal of England & Wales, Court of Final Appeal (Hong Kong)
Hong Kong, Insolvency & Restructuring, Litigation, RPC, Discovery, Ex parte, Liquidation, Writ, Liquidator (law), Deloitte, Singapore High Court
From 1 April 2016, conditional fee agreements (CFA), after the event premiums and success fees will no longer be recoverable in insolvency cases.
The legislative change is set to have the biggest impact on lower-value insolvency cases (damages less than £500,000 and legal costs lower than £200,000).