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    After STA Travel was liquidated, did the customers, the bank or the creditors get any money?
    2022-11-21

    The COVID-19 Pandemic hit the travel industry hard. Borders were closed, airline fleets were grounded, travel bookings were cancelled, and travel agents were overwhelmed with customers wanting refunds.

    Many travel agents closed their doors because travel bookings dried up.

    STA Travel was one. Across 27 stores in Australia, STA Travel operated as a travel agent, booking travel for customers as agent for travel providers, mainly airlines and tour operators.

    Filed under:
    Australia, Aviation, Banking, Company & Commercial, Insolvency & Restructuring, Leisure & Tourism, Litigation, Cordato Partners, Liquidation, Coronavirus, Insolvency, International Air Transport Association, Corporations Act 2001 (Australia), New South Wales Supreme Court
    Authors:
    Anthony J Cordato
    Location:
    Australia
    Firm:
    Cordato Partners
    Restructuring Department Bulletin - November 2022
    2022-11-17

    Second Circuit Denies Appeal of Windstream Debtors’ Confirmation Order on Equitable Mootness Grounds

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Location:
    USA
    Firm:
    Paul, Weiss, Rifkind, Wharton & Garrison LLP
    Rethinking Bankruptcy: The Importance of Focusing on Technology
    2022-11-17

    Bankruptcy is a formal process geared toward preserving stakeholder value. Often, the proceedings include negotiations between stakeholders that are arduous, time-consuming and expensive. Positioning the company for healthy and sustainable growth is often viewed as a postemergence priority, as companies naturally prioritize the near-term financial realities threatening their very survival. 

    Filed under:
    USA, Banking, Insolvency & Restructuring, FTI Consulting Inc, Bankruptcy
    Location:
    USA
    Firm:
    FTI Consulting Inc
    Davies Insolvency Now: Financial Gloom and the Increase in Insolvency Filings (Issue 7)
    2022-11-17

    Bursting the Crypto Bubble and the Financial Turbulence Ahead With the FTX Group’s recent Chapter 11 filing, on the heels of the recent Celsius Network LLC Chapter 11 filing, we have entered what could be described as a “Lehman Brothers moment” for the crypto industry. This observation, together with the recent awarding of the Nobel Prize in Economics to former Federal Reserve chair Ben Bernanke and professors Douglas Diamond and Philip Dybvig for their pioneering research on banks and financial crises, has caused some of us to experience a déjà vu moment.

    Filed under:
    Canada, Ontario, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, White Collar Crime, Davies Ward Phillips & Vineberg LLP, Blockchain, Cryptocurrency, Cybersecurity, Anti-money laundering, Non-fungible tokens, US Congress, Supreme Court of Canada, Ontario Superior Court of Justice, British Columbia Supreme Court
    Location:
    Canada
    Firm:
    Davies Ward Phillips & Vineberg LLP
    FTX joins growing list of high-profile and intertwined crypto-related chapter 11 filings
    2022-11-16

    Crypto investors were dealt another blow on November 11 when FTX, the world’s second-largest cryptocurrency exchange, filed for chapter 11 bankruptcy relief in the District of Delaware, along with more than 130 related companies and affiliates. The bankruptcy was spawned by liquidity issues brought on by the sudden collapse in value of FTX’s crypto assets. Starting on November 6, customers simultaneously attempted to withdraw their funds and assets from the exchange, causing a situation akin to a classic bank run that led to an estimated $32 billion in value quickly evaporating.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Thompson Hine LLP, Bankruptcy, Cryptocurrency, US Securities and Exchange Commission
    Authors:
    Sean A. Gordon , Alexander Andrews
    Location:
    USA
    Firm:
    Thompson Hine LLP
    Rethinking Bankruptcy: The Importance of Focusing on Talent
    2022-11-14

    Bankruptcy is a formal process geared toward preserving stakeholder value. Often, the proceedings include negotiations between stakeholders that are arduous, time-consuming and expensive. Positioning the company for healthy and sustainable growth is often viewed as a post- emergence priority, as companies naturally prioritize the near-term financial realities threatening their very survival.

    Filed under:
    USA, Banking, Insolvency & Restructuring, FTI Consulting Inc, Bankruptcy
    Authors:
    Shannon Stucky Pritchett
    Location:
    USA
    Firm:
    FTI Consulting Inc
    Extortionate Credit Transactions - can they be set aside?
    2022-11-14

    Setting aside a transaction on the basis that it was an extortionate credit transaction under the Insolvency Act 1986 (IA 1986 or the “Act”) is difficult. A bargain may be hard or even unreasonable, but that does not make it extortionate. The most important term to any credit transaction is usually the interest rate and that is most likely to be subject to scrutiny when considering whether or not a credit transaction contained grossly exorbitant terms.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Charles Russell Speechlys, Due diligence, Consumer Credit Act 1974 (UK)
    Authors:
    Roger Elford
    Location:
    United Kingdom
    Firm:
    Charles Russell Speechlys
    Stunning Collapse of Global Cryptocurrency Exchange FTX Leads to Bankruptcy
    2022-11-15

    In a sudden and stunning collapse, FTX, the world’s second largest cryptocurrency exchange, run by 30-year-old Sam Bankman-Fried along with more than 130 entities affiliated with FTX, filed for Chapter 11 bankruptcy protection in Delaware on Friday.[1] Separately, the Securities Commission of the Bahamas appointed a Bahamas-based provisional liquidator for the controlling FTX entity and froze its assets along with

    Filed under:
    USA, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, BakerHostetler, Cryptocurrency, US Securities and Exchange Commission
    Authors:
    Michael T. Delaney , Teresa Goody Guillén , Elizabeth A. Green , Keith R. Murphy , Robert A. Musiala Jr. , Veronica Reynolds , Jorian L. Rose , Joanna F. Wasick
    Location:
    USA
    Firm:
    BakerHostetler
    High Court considers contractual construction of irrevocable letter of credit incorporating UCP 600
    2022-11-15

    In the context of a trade finance dispute, the High Court has considered the contractual interpretation of an irrevocable letter of credit incorporating the commonly used code in the Uniform Customs and Practice for Documentary Credits 600 (UCP 600), published by the International Chamber of Commerce (ICC). In particular, the court held that the issuer’s interpretation of the letter of credit would, in practice, render the instrument revocable, which was inconsistent with the UCP and therefore not the proper construction.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Herbert Smith Freehills LLP
    Authors:
    Ajay Malhotra , Ceri Morgan , Elina Kyselchuk
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    Digital Assets Defined: Writing Digital Assets into the Bankruptcy Code
    2022-11-14

    As discussed in previous installments of this White Paper series, the Lummis-Gillibrand Responsible Financial Innovation Act (the “Bill”)1 proposes a comprehensive statutory and regulatory framework in an effort to bring stability to the digital asset market. One area of proposed change relates to how digital assets and digital asset exchanges would be treated in bankruptcy. If enacted, the Bill would significantly alter the status quo from a bankruptcy perspective

    OVERVIEW OF DIGITAL ASSETS IN BANKRUPTCY

    Filed under:
    USA, Banking, Derivatives, Insolvency & Restructuring, IT & Data Protection, Litigation, Jones Day, Bitcoin, Cryptocurrency, Digital assets, Commodity Futures Trading Commission (USA), Responsible Financial Innovation Act 2022 (USA)
    Authors:
    Dorothy N. Giobbe , Abradat Kamalpour , Dan T. Moss , Mark W. Rasmussen , Ben Rosenblum , Joshua B. Sterling
    Location:
    USA
    Firm:
    Jones Day

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