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A Deep Dive into 2023's Insolvency Regime- Part 1 of 5

In the intricate tapestry of corporate insolvency, the year 2023 unfurled a saga of legal intricacies that left an indelible mark on the evolving insolvency landscape in India. This blog, the first of a five-part series, will be exploring the cases that not only shaped the insolvency regime but also defined pivotal aspects of the Insolvency and Bankruptcy Code (IBC). From the sectors affected to the geographical intricacies, we'll dissect the diverse facets that contributed to the evolution of insolvency laws. Additionally, we'll analyze two significant cases – RPS Infrastructure Ltd. v.

India, Insolvency & Restructuring, Litigation, Singhania & Partners LLP, Liquidation, Coronavirus, Insolvency, Insolvency and Bankruptcy Code (India), Supreme Court of the United States
The Consumer Duty and insolvency: what do Insolvency Practitioners need to know?

The Consumer Duty is one of the most significant pieces of regulation to land in the financial services industry for some time and represents a major shift in how firms will need to view customer outcomes and proactively address harm in the retail market. For Insolvency Practitioners (IPs) appointed over a regulated firm that has products within the scope of the duty, this will form part of the regulatory obligations with which the firm (and the IP) will need to ensure compliance.

United Kingdom, Banking, Insolvency & Restructuring, Dentons, Insolvency, Financial Conduct Authority (UK)
Look out for more Part A1 moratoriums

The recently reported decision of ICC Judge Greenwood in Grove Independent School Ltd, Re [2023] EWHC 2546 (Ch) (Grove) provides some clarity on the test to be applied by the court in deciding whether to exercise discretion to grant an order for a Part A1 moratorium. In this case, the company in question was also faced with a winding-up petition, presented by His Majesty's Revenue & Customs (HMRC).

United Kingdom, Insolvency & Restructuring, Litigation, Dentons, Coronavirus, Insolvency, HM Revenue and Customs (UK), Corporate Insolvency and Governance Act 2020
The Supreme Court of Canada considers whether a debt owed to the British Columbia Securities Commission survives bankruptcy under an exception to the ‘fresh start’ principle

On December 6, 2023, the Supreme Court of Canada heard the appeal of Poonian v British Columbia Securities Commission, 2022 B

Canada, British Columbia, Alberta, Capital Markets, Insolvency & Restructuring, Litigation, Dentons, Alberta Securities Commission, British Columbia Securities Commission, Bankruptcy and Insolvency Act 1985 (Canada), Supreme Court of Canada, Court of Appeal of Alberta, British Columbia Supreme Court, British Columbia Court of Appeal
Insolvency upswing - the surge in company dissolutions and the residual assets dilemma

Between 1 April and 30 June 2023, there were 6,342 registered company insolvencies, which is the highest number of insolvencies since the second quarter of 2009, and a 9% increase on the previous quarter of 2023.

United Kingdom, Insolvency & Restructuring, Litigation, Real Estate, Dentons, Companies Act 2006 (UK)
Administrators' legal tightrope: the UK Supreme Court rules on HR1 filing failures and criminal liability

Background

In R (on the application of Palmer) (Appellant) v. Northern Derbyshire Magistrates Court and another (Respondents), the Supreme Court held that an administrator appointed under the Insolvency Act 1986 (IA 1986) is not an "officer" of the insolvent company under section 194(3) of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA).

United Kingdom, Compliance Management, Employment & Labor, Insolvency & Restructuring, Litigation, Dentons, Insolvency Act 1986 (UK), Trade Union and Labour Relations (Consolidation) Act 1992 (UK), UK Supreme Court
Whether the limitation to file an appeal under IBC will commence on the date of pronouncement of order or from the date when contents are known to the aggrieved party?

The National Company Law Appellate Tribunal (New Delhi Bench) (“NCLAT”) in two recent judgments passed in Raiyan Hotels and Resorts Pvt. Ltd. vs. Unrivalled Projects Pvt. Ltd. [Company Appeal (AT) (Insolvency) No. 1071 of 2023] and Aryan Mining & Trading Corpn Pvt. Ltd. vs Kail limited and Anr. [Company Appeal (AT) (Insolvency) No.

India, Company & Commercial, Insolvency & Restructuring, Litigation, Singhania & Partners LLP, Insolvency, Supreme Court of India, National Company Law Tribunal
Whether the limitation to file an appeal under IBC will commence on the date of pronouncement of order or from the date when contents are known to the aggrieved party?

INTRODUCTION: 

India, Insolvency & Restructuring, Litigation, Singhania & Partners LLP, Insolvency, Supreme Court of India, National Company Law Tribunal
Attacking fraudulent conveyances: What is the time limit?

In Bank of Montreal v. Iskenderov, 2023 ONCA 528, the Ontario Court of Appeal held that actions to set aside a conveyance under section 2 of the Fraudulent Conveyances Act are subject to the basic two-year limitation period under the Limitations Act, 2002 – not the ten-year period prescribed by section 4 of the Real Property Limitations Act.

Canada, Ontario, Insolvency & Restructuring, Litigation, Dentons, Bank of Montreal Financial Group, Bankruptcy and Insolvency Act 1985 (Canada), Limitations Act 2002 (Canada), Court of Appeal for Ontario
New Luxembourg law to preserve businesses and modernize insolvency law - What to expect?

The Law of 7 August 2023 on businesses preservation and modernization of bankruptcy law (the “Law”) will come into force on 1st November 2023. On 19 July 2023, the Luxembourg parliament finally adopted the related draft bill, after more than a decade since the first draft bill (n° 6539) was presented.

Luxembourg, Compliance Management, Insolvency & Restructuring, Dentons, Insolvency, European Commission, European Parliament, European Council, Directive on Preventive Restructuring Frameworks (2019/1023/EU)