Richard J Cooper, Lisa M Schweitzer, Jessica Metzger and Richard C Minott, Cleary Gottlieb Steen & Hamilton

This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

In summary

Luiz Fernando Valente de Paiva, Giuliano Colombo, Andre Moraes Marques, Thiago Junqueira and Carolina Kiyomi Iwamoto, Pinheiro Neto Advogados

This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

In summary

John Wasty, John Riihiluoma, Lalita Vaswani and Sam Riihiluoma, Appleby

This is an extract from the 2022 edition of GRR's the Americas Restructuring Review. The whole publication is available here.

In summary

According to a recent decision by the High Court in R (on the application of Palmer) v Northern Derbyshire Magistrates Court, an Administrator is an officer of a company in administration for the purpose of collective redundancy rules.

This means an Administrator can be prosecuted personally for failing to notify the Insolvency Service of collective redundancies being made by the company in administration.

Background law

Claims are just another asset of the insolvency practitioner: to gather in and realise for creditors’ benefit.

Success in managing insolvency estate claims however, is all about effective risk management. As a speculative contingent asset, the risks involved in handling claims as assets are greater and this risk requires constant evaluation as the claim progresses. Here are 6 issues to have under control throughout.

1. RECOVERABILITY – WHERE IS THE MONEY?

(Promontoria (Oak) Ltd v Emanuel; Emanuel v Promontoria (Oak) Ltd; Promontoria (Henrico) Ltd v Samra; Promontoria (Chestnut) Ltd v Simpson & Anor; Bibby Invoice Discounting Ltd v Thompson Facilities and Project Management Services Ltd & Anor)

Introduction

This morning, the Court of Appeal has handed down landmark guidance on how far a defendant in litigation can look under the bonnet of their pursuer's commercial transactional documents and check out the mechanical parts of a deal to which the defendant is not party.

In our previous commentary, we concluded that the ‘The Administration (Restrictions on Disposal etc. to Connected Persons) Regulations 2021’ (Regulations) had enacted a tick-box exercise for experienced market participants.

Chul Man Kim, Sun Kyoung Kim, Sy Nae Kim and Woo Suk Jung, Yulchon LLC

This is an extract from the 2022 edition of GRR's the Asia-Pacific Restructuring Review. The whole publication is available here.

In summary

Abhishek Tripathi and Mani Gupta, Sarthak Advocates & Solicitors

This is an extract from the 2022 edition of GRR's the Asia-Pacific Restructuring Review. The whole publication is available here.

In summary

Heidi Chui, Stevenson, Wong & Co

This is an extract from the 2022 edition of GRR's the Asia-Pacific Restructuring Review. The whole publication is available here.

In summary