Lee Siu Fung Siegfried[2021] 5 HKLRD 627
In January 2001, a bankruptcy petition was presented against Mr. Lee Siu Fung Siegfried in respect of a HK$322 million debt arising out of a guarantee given by him. In or around September 2016, the trustees in bankruptcy obtained an order for the private examination of Mr. Lee and the Applicants, who are the younger brother and son of Mr. Lee.
Re So Tsz Man[2021] HKCFI 3732
This case concerns the self-petitions presented by four debtors for their own bankruptcy (the “Four Petitions”). The Four Petitions (i.e. Re So Tsz Man(HCB 7033/2020), Re Lee Wing(HCB 7299/2020), Re Tam Wai Yiu(HCB 7569/2020) and Re Qiu Wenjun(HCB 3930/2021) shared a substantial similar fact pattern:
Re Hsin Chong Construction Co Ltd (Provisional Liquidators: Application for Directions)
[2021] 5 HKLRD 212, [2021] HKCA 1581
Chan Seung Bun v Wong King Fai Joe and Another[2021] HKCFI 3572
The Company was co-founded by the petitioner Mr. Chan Seung Bun (the “Petitioner”) and the late 1st Respondent (“R1”), now represented by the joint executrices of the estate (the “Executrices”) in 2013. It was not in dispute that the Company was a quasi-partnership established based on mutual trust and confidence between the Petitioner and R1. The Company had been profitable since its establishment.
Re Chan John Loong Fai[2021] HKCA 1834
Re GTI Holdings Ltd[2021] HKCFI 3647
The Company was incorporated in the Cayman Islands and listed on the Main Board of the HKEX. The Petitioner sought to wind up the Company on the ground that the Company failed to satisfy a statutory demand served upon it on 21 January 2020. On 26 May 2020, the Company presented a winding up petition (“Petition”) against itself and applied for the appointment of PLs for restructuring purpose with the Grand Court of the Cayman Islands. Subsequently, on 28 May 2020, the Cayman Court appointed PLs over the Company.
有關森信洋紙有限公司 (2021) 粵 03 認港破 1 號
Historically, the French restructuring system has always been perceived as a debtor-friendly system. In recent years, however, changes to the French legislation have favoured creditors' interests and the courts have favoured a number of lender-led restructures, enabling lenders to take control of the debtor from its existing shareholders.
Lock-up agreements typically involve the company's creditors committing in advance to vote at the relevant class meeting in favour of the contemplated scheme. Lock-up agreements serve an important commercial purpose of either securing support or giving an indicator as to likely support for the scheme before the parties incur the time and expense in finalising the negotiation process of the scheme.
In order to encourage the promotion and specialized attention of corporate restructurings and insolvency proceedings, by agreement of the Plenary of the Federal Judiciary Council of Mexico, two district courts specialized in commercial bankruptcy matters (concursos mercantiles) have been created, located in Mexico City.
Courts in Commercial Bankruptcy Matters