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    The Recovery Campaign: Combining Asset Tracing and Judgment Enforcement to Get Results
    2024-08-21

    After years of hard-fought litigation, most claimants are thrilled to obtain a final and enforceable judgment or arbitration award. However, more often than one thinks, this excitement is followed by the disappointing realization that the defendant has little interest in voluntarily satisfying the award.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Omni Bridgeway, Banks
    Authors:
    Dienke Herman de Groot
    Location:
    USA
    Firm:
    Omni Bridgeway
    Cryptoasset recovery and restructuring: lessons from the crypto winter in Singapore
    2024-08-15

    Manoj Pillay Sandrasegara, Smitha Menon, Lionel Leo and Stephanie Yeo, WongPartnership LLP

    This is an extract from the 2025 edition of GRR's The Asia-Pacific Restructuring Review. The whole publication is available here.

    Filed under:
    Asia-Pacific, Singapore, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Global Restructuring Review, Bitcoin, Fintech, Cryptocurrency, Non-fungible tokens, FTX
    Location:
    Asia-Pacific, Singapore
    Firm:
    Global Restructuring Review
    Legalaxy Monthly Newsletter- August, 2024
    2024-08-12

    MONTHLY NEWSLETTER SERIES AUGUST, 2024 | VOL. XV VAISH ASSOCIATES ADVOCATES LEGALAXY WWW.VAISHLAW.COM LEGAL MAXIM Volenti Non Fit Injuria: “No wrong is done to one who consents.” MONTHLY NEWSLETTER SERIES AUGUST, 2024 | VOL.

    Filed under:
    India, Banking, Capital Markets, Corporate Finance/M&A, Insolvency & Restructuring, Vaish Associates Advocates, Venture capital, Due diligence, Cybersecurity, Reserve Bank of India, Ministry of Corporate Affairs, Securities and Exchange Board of India, Ministry of Finance, Insolvency and Bankruptcy Code (India)
    Location:
    India
    Firm:
    Vaish Associates Advocates
    UK Jurisdiction Taskforce Concludes Digital Assets Compatible With English Insolvency Law
    2024-05-03

    The Legal Statement applies areas of insolvency law to digital assets, providing valuable guidance on the approach English courts will take.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Latham & Watkins LLP, Cryptocurrency, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Bruce Bell , Stuart Davis , Gabriel Lakeman , Jessica Walker , Tim Bennett
    Location:
    United Kingdom
    Firm:
    Latham & Watkins LLP
    The extent of, and the limits to, the definition of ‘Secured Property’
    2024-05-02

    In the decision in Woodhouse, in the matter of Panoramic Resources Limited [2024] FCA 449, handed down this week (1 May 2024) by Feutrill J, the Federal Court of Australia considered the meaning of ‘Secured Property ‘as defined in a specific security deed and the extent to which phrases such as ‘…in respect of’ could expand the types of collateral the subject of that defined term (and hence the collateral the subject of the specific security d

    Filed under:
    Australia, Banking, Insolvency & Restructuring, Litigation, Gilbert + Tobin, Insolvency
    Authors:
    Orla McCoy , Tom Gardner , Dom McGreal , Anna Schwartz
    Location:
    Australia
    Firm:
    Gilbert + Tobin
    A-Z of banking and finance: J is for junior debt
    2024-03-21

    Junior debt – sometimes referred to as subordinated debt, occasionally talked about as mezzanine debt – is referred to as such because it ranks behind other, more senior, debt owing by the same borrower. Junior creditors can come in many different shapes and sizes and can include shareholder lenders and specialist debt investors or funds.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Stevens & Bolton LLP
    Authors:
    Matthew Padian , Daniel Fournier
    Location:
    United Kingdom
    Firm:
    Stevens & Bolton LLP
    Getting over the starting line: How multi-entity organizational structures can become a barrier to Chapter 15 relief
    2024-03-27

    Chapter 15 of the Bankruptcy Code provides a valuable tool for non-US entities going through foreign insolvency proceedings when they have assets located in the United States. Chapter 15 can protect the value of US assets by granting a stay of actions against those assets during the concurrent administration of a complementary US insolvency process with that of the original foreign insolvency proceeding.

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Eversheds Sutherland (US) LLP, Bankruptcy, Federal Deposit Insurance Corporation (USA), Silicon Valley Bank, Chapter 15, US Bankruptcy Code
    Authors:
    Renée M. Dailey , Nathaniel T. DeLoatch , Michael A. Rogers
    Location:
    USA
    Firm:
    Eversheds Sutherland (US) LLP
    Steuerfreier Schuldenerlass im Rahmen der unternehmensbezogenen Sanierung
    2024-04-08

    Die Anforderungen der Finanzverwaltung an die Steuerfreiheit von unternehmensbezogenen Sanierungen steigen in der Praxis.

    Filed under:
    European Union, Germany, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Tax, CMS Germany
    Authors:
    Jörg Schrade , Christian Linseisen Dipl.-Kfm. , Dr. Alexandra Schluck-Amend
    Location:
    European Union, Germany
    Firm:
    CMS Germany
    UK Special Insolvency Regime for Payment and Electronic Money Institutions prioritises return of customer funds
    2024-04-08

    A special administration regime for Payment and Electronic Money Institutions (PIs and EMIs) was established in The Payment and Electronic Money Institution Insolvency Regulations 2021 (the Regulations).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Taylor Wessing, Insolvency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, Payment Systems Regulator (UK)
    Authors:
    Kirsten Fulton-Fleming , Charlotte Witherington
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    UK Special Insolvency Regime for Payment and Electronic Money Institutions prioritises return of customer funds
    2024-04-08

    A special administration regime for Payment and Electronic Money Institutions (PIs and EMIs) was established in The Payment and Electronic Money Institution Insolvency Regulations 2021 (the Regulations).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Taylor Wessing, Insolvency, Financial Conduct Authority (UK)
    Authors:
    Kirsten Fulton-Fleming , Charlotte Witherington
    Location:
    United Kingdom
    Firm:
    Taylor Wessing

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