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    The trials of being exceptional in bankruptcy
    2016-10-07

    This article was first published in The Gazette and the full article can be found online here.

    As there is no clear definition in s.335A(3) of the Insolvency Act 1986 of what amounts to ‘exceptional circumstances’, the courts must apply the judgments of case law when determining whether to delay an order for possession and sale.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Human Rights Act 1998 (UK), Insolvency Act 1986 (UK)
    Authors:
    David Pomeroy
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Fairfield Sentry - Further developments in BVI
    2016-05-03

    Further to our update in November 2014, there has been a further decision in relation to Fairfield Sentry Limited, the largest feeder fund that invested into the fraudulent Bernard L. Madoff Investment Securities.

    Filed under:
    British Virgin Islands, Insolvency & Restructuring, Litigation, White Collar Crime, Ashfords LLP
    Authors:
    Alan Bennett , Olivia Bridger
    Location:
    British Virgin Islands
    Firm:
    Ashfords LLP
    Revised changes to SIP 16
    2015-11-24

    In our June seminars we discussed the Pre-Pack Pool and the proposed changes to SIP 16. The revision was recommended by Teresa Graham as part of her independent review into pre-packs in June 2014, and the new SIP 16 was introduced on 2 November 2015 to coincide with the launch of the Pre-Pack Pool.

    Key provisions of the revised SIP 16, which remains virtually unchanged from the draft issued in January this year, include:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Ashfords LLP
    Authors:
    David Pomeroy , Bethany Parr
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Bankrupt's COMI: Deutsche Apotheker-Und Arztebank EG v Dr Ralph Rainer Leitzbach & Others
    2018-11-21

    A discharged Bankrupt had intentionally misled the Court as to his COMI being in England and Wales in order to obtain a Bankruptcy Order. Four years after the making of the Bankruptcy Order, the Court annulled it on the grounds that the Court did not have jurisdiction to make the Order in the first place.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Debtor, Dividends, Debt, European Council
    Authors:
    Olivia Bridger , Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    K: New Insolvency Practice Direction 2018 now in force
    2018-06-14

    The new Insolvency Practice Direction came into force on 25 April 2018. Some of the key changes to the Practice Direction include: 

    Filed under:
    United Kingdom, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Cash-flow insolvency
    2018-04-04

    The German Federal Court of Justice (Bundesgerichtshof) has taken the opportunity to clarify its position on section 17(2) German Insolvency Act (Insolvenzordnung, InsO).  According to sec. 17(2) a debtor is deemed insolvent if he is unable to pay his debts as they fall due (Zahlungsunfähigkeit).

    Filed under:
    Germany, Insolvency & Restructuring, Litigation, Ashfords LLP, Federal Court of Justice
    Authors:
    Alan Bennett
    Location:
    Germany
    Firm:
    Ashfords LLP
    Re Nortel Networks UK Ltd and Ors [2017] EWCH 3299 (Ch)
    2018-02-19

    Brexit plays a part in an application by the Joint Administrators of Nortel Networks UK Limited and others to extend the Administrators' terms of office as uncertainty lies over what, if any recognition will be given to the Administrators by the courts of the EU Member States after 29 March 2019.

    Filed under:
    European Union, United Kingdom, Banking, Insolvency & Restructuring, Public, Ashfords LLP, Brexit
    Authors:
    Kyla Payne , Alan Bennett
    Location:
    European Union, United Kingdom
    Firm:
    Ashfords LLP
    Canadian Insolvency Legislation Amended to Better Protect Pensioners and Employees
    2017-12-01

    A private member's bill, Bill C-372, was introduced on 17 October 2017 with proposed amendments to the Bankruptcy and Insolvency Act and the Companies Creditors’ Arrangement Act. The Bill seeks to protect retired workers whose pensions and group insurance plans are at risk if their previous employer goes bankrupt or undergoes restructuring. The Bill would provide for priority status for claims in respect of underfunded pension plans, as well as claims arising as a result of an employer terminating its participation in a group insurance plan.

    Filed under:
    Canada, Employee Benefits & Pensions, Insolvency & Restructuring, Ashfords LLP
    Authors:
    Alan Bennett
    Location:
    Canada
    Firm:
    Ashfords LLP
    Re Nortel Networks UK Ltd & Ors [2017] EWHC 1429 (Ch)
    2017-08-29

    It was ordered that the Administrators could distribute to unsecured creditors, 8 years after Nortel entered Administration, so long as a reserve was maintained in relation to potential expense claims.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Unsecured debt, High Court of Justice
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    In the matter of the désastres of Gail Alison Cochrane and Orb a.r.l.
    2017-04-26
    1. Harbour Fund II LP v. (1) Orb a.r.l. (2) Litigation Capital Funding [2017]JRC171 ("the September judgment")
    2. Harbour Fund II LP v. (1) Orb a.r.l. (2) Dr Gail Cochrane [2017]JRC007 ("the January judgment")
    3. Representation of the Viscount re Cochrane and Orb a.r.l. [2017]JRC025 ("the February judgment")

    The high profile cross border insolvency of Orb a.r.l. ("Orb") has been the subject of three linked judgments from the Royal Court in Jersey.

    Filed under:
    Jersey, United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Courts of Jersey
    Authors:
    Alan Bennett
    Location:
    Jersey, United Kingdom
    Firm:
    Ashfords LLP

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