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    Canada: Supreme Court of Canada clarifies the place of the Anti-Deprivation Rule in Canadian Insolvency Proceedings
    2020-10-06

    In Chandos Construction Ltd. v. Deloitte Restructuring Inc., a decision released on October 2, 2020, the Supreme Court of Canada affirmed the anti-deprivation rule in the common law of Canada. The dispute in this case revolved around a construction contract between Chandos Construction Ltd. and Capital Steel Inc.

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Beyond COVID-19 PE Playbook
    2020-06-01

    Distressed M&A

    Any downturn tends to produce a surge of distressed m&A opportunities, and the current crisis will be no different. Investments in distressed companies follow a different set of rules to "normal" m&A transactions, bringing additional complexity in terms of the stakeholders involved and deal structuring, as well as particular set of challenges for due diligence and buyer protections.

     

    Filed under:
    United Kingdom, Banking, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Baker McKenzie, Due diligence, Coronavirus
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    Singapore: Singapore Court of Appeal Clarifies Relationship Between Insolvency and Arbitration Regimes
    2020-04-23

    The Singapore Court of Appeal has clarified the standard of review that applies to winding-up applications where the underlying relationship between the debtor and creditor is subject to an arbitration agreement.  

    Filed under:
    Singapore, Arbitration & ADR, Insolvency & Restructuring, Litigation, Baker McKenzie, Force majeure, Coronavirus
    Authors:
    Nandakumar Ponniya , Richard Allen
    Location:
    Singapore
    Firm:
    Baker McKenzie
    COVID-19'la Mücadele: Türkiye'deki İcra ve İflas Takipleri Durduruldu
    2020-03-23

    Yeni Gelişme

    Koronavirüs (COVID-19) salgın hastalığının Türkiye'de yayılmasını önlemek amacıyla hükümet tarafından alınan tedbirler kapsamında Cumhurbaşkanı tarafından İcra ve İflas Kanunu'nun ("İİK") "Fevkalade Hallerde Tatil" başlıklı 330. maddesinde kendisine verilen yetkiye dayanarak verilen "İcra ve İflas Takiplerinin Durdurulması Hakkında Karar", 22.3.2020 tarihinde yürürlüğe konmuştur.

    Karar Ne Diyor?

    Filed under:
    Turkey, Insolvency & Restructuring, Litigation, Baker McKenzie, Coronavirus
    Authors:
    Koray Sogut , Ozan Kesim
    Location:
    Turkey
    Firm:
    Esin Attorney Partnership
    New Financial Restructuring Framework Agreement for SMEs
    2019-10-21

    Recent Development

    The Financial Restructuring Framework Agreement ("PreviousFA") drafted by the Banks Association of Turkey was revised to be divided into two separate framework agreements for large scale (the "Large Scale FA") and small-scale (the "Small Scale FA") debtors.

    What's New?

    Filed under:
    Turkey, Banking, Insolvency & Restructuring, Baker McKenzie, Debtor
    Authors:
    Muhsin Keskin
    Location:
    Turkey
    Firm:
    Esin Attorney Partnership
    Financial Restructuring vs. Konkordato/Composition (Turkish Scheme of Arrangement)
    2019-03-14

    Financial Restructuring vs. Konkordato/Composition (Turkish Scheme of Arrangement) Our global Restructuring & Insolvency team has a deep understanding of the local and cross-border issues that can arise in all types of restructurings and recoveries. The team is ideally suited to today's business climate where financial restructurings are rarely confined to one jurisdiction. With restructuring and insolvency practitioners located across the globe, we can mobilize teams quickly and seamlessly across borders, time zones, markets and cultures to meet our clients' needs.

    Filed under:
    Turkey, Insolvency & Restructuring, Baker McKenzie
    Location:
    Turkey
    Firm:
    Baker McKenzie
    Consent judgment survives bankruptcy
    2018-12-07

    In Water Matrix Inc. v Carnevale, Justice Sanfilippo found that a consent judgment may survive bankruptcy if it arises from a claim that is based in fraud. This allowed a company that was defrauded by a former employee to continue to enforce the company’s judgment after bankruptcy.

    Background

    Filed under:
    Canada, Insolvency & Restructuring, Litigation, White Collar Crime, Baker McKenzie, Bankruptcy
    Authors:
    Ben Sakamoto , Michael Nowina
    Location:
    Canada
    Firm:
    Baker McKenzie
    Luxembourg: A financial collateral legal framework even more attractive
    2022-07-19

    In brief

    On 15 July 2022, a new law ("Law") amending inter alia the Luxembourg law of 5 August 2005 on financial collateral arrangements, as amended ("2005 Law"), was adopted.

    Filed under:
    Luxembourg, Insolvency & Restructuring, Baker McKenzie
    Authors:
    Jean-François Trapp , Laurent Fessmann
    Location:
    Luxembourg
    Firm:
    Baker McKenzie
    United Kingdom: Money to burn - dishonest schemes go up in flames following High Court judgment in UK's largest ever divorce case (Akhmedova v. Akhmedov [2021] EWHC 545 (Fam))
    2021-10-01

    In brief

    "All happy families are alike, each unhappy family is unhappy in its own way. With apologies to Tolstoy, the Akhmedov family is one of the unhappiest ever to have appeared in my courtroom." – Mrs. Justice Knowles

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Baker McKenzie
    Location:
    United Kingdom
    Firm:
    Baker McKenzie
    International: Restructuring & Insolvency Update - Mutual recognition of insolvency proceedings in Hong Kong & Mainland China
    2021-06-17

    In brief

    On 14 May 2021, the Supreme People's Court of the PRC (SPC) and the Government of the Hong Kong Special Administrative Region (HKSAR)  signed a Record of Meeting setting out a framework to facilitate the mutual recognition of and assistance to insolvency proceedings between Mainland China and Hong Kong ("Arrangement"). The Record of Meeting is supplemented by the SPC's Opinion and the HKSAR Government's Practical Guide, which together provide the "Framework". 

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Baker McKenzie
    Authors:
    Bevis Metcalfe , Priyanka Usmani
    Location:
    Hong Kong
    Firm:
    Baker McKenzie

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