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    Tenant Restructuring Plan Does Not Relieve Third-Party Guarantor of Payment Obligation, English Court Rules
    2022-08-15

    Go-To Guide:

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Real Estate, Greenberg Traurig LLP, Coronavirus, Insolvency
    Authors:
    John Houghton , Mohammed Khamisa KC , Danielle L. Martin , Partha S. Pal
    Location:
    USA
    Firm:
    Greenberg Traurig LLP
    Crypto Assets in the Voyager Bankruptcy: Can Customers Recover?
    2022-08-11

    The crypto winter has overcast the summer for many Voyager customers. Upon the commencement of Voyager’s chapter 11 filing in July, customer accounts were frozen. Unable to trade their own crypto assets, some frustrated customers rushed to consult with legal counsel. Others began studying bankruptcy law in the hopes of finding a legal solution. It was only late last week, on August 4, when some customers found relief from the crypto storm: Judge Michael Wiles approved Voyager’s motion to allow certain customers who had cash in their accounts to withdraw cash, up to $270 million.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Litigation, Bracewell LLP, Blockchain, Cryptocurrency
    Authors:
    Mark E. Dendinger , Anne M. Termine
    Location:
    USA
    Firm:
    Bracewell LLP
    Entitlement to Production Revenues Between the Effective Date and Closing in Insolvency Vesting Orders
    2022-08-09

    One of the main benefits to a purchaser who buys oil and gas assets in a proceeding under the Companies' Creditors Arrangement Act or a receivership is the near-absolute quieting of title via a "vesting order." In Manitok Energy Inc (Re), the Alberta Court of Appeal confirmed the importance and effect of Sale App

    Filed under:
    Canada, Banking, Insolvency & Restructuring, Litigation, Bennett Jones LLP, Court of Appeal of Alberta
    Authors:
    Keely Cameron , Adam J. Williams
    Location:
    Canada
    Firm:
    Bennett Jones LLP
    Staggered implementation of the Economic Crime (Transparency and Enforcement) Act - an update for real estate lenders
    2022-08-08

    The new Companies House Register of Overseas Entities (the “OE Register”) became operational and key parts of the Economic Crime (Transparency and Enforcement) Act (“ECTEA”) came into force on 1 August 2022.

    The land registration elements of ECTEA have been deferred and will come into force on 5 September 2022 – this second stage of implementation will with effect from such date have an immediate impact on the registration of property acquisitions and new leases and security being taken over those acquisitions/leases.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Real Estate, White Collar Crime, CMS Cameron McKenna Nabarro Olswang LLP, Economic Crime (Transparency and Enforcement) Act 2022 (UK)
    Authors:
    Simon Johnston , Christopher Luck , Marianne Mudd , Warren Gordon
    Location:
    United Kingdom
    Firm:
    CMS Cameron McKenna Nabarro Olswang LLP
    Looking back and thinking forward: The insolvency landscape in 2022 and beyond - Part two
    2022-08-04

    Part 1 of this two-part series explored potential legislative changes which could impact the Australian insolvency landscape in 2022 and beyond. Part 2 addresses the recent major developments in case law that have the potential to shape the insolvency landscape in Australia for many years to come.

    Filed under:
    Australia, Banking, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Bankruptcy, Dispute resolution, Debt restructuring, Coronavirus, Insolvency, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia
    Firm:
    Ironbridge Legal
    Jury Finds Credit Reporting Agency Was “Reasonable” in FCRA Case of Inaccurate Consumer Credit Report
    2022-08-05

    Thanks are owed to SPB summer associate Gabby Martin for her contributions to this article.

    Last month, a Florida federal jury found in favor of a credit reporting agency (“CRA”) in a trial centering on whether the CRA took “reasonable” steps to assure the accuracy of a consumer’s credit report after a consumer dispute. The result is a valuable glimpse into how juries view the burdens of the statutory obligations placed on reporting agencies by the Fair Credit Reporting Act (“FCRA”).

    Filed under:
    USA, Banking, Company & Commercial, Insolvency & Restructuring, Squire Patton Boggs
    Authors:
    Kristin Bryan , James M. Brennan
    Location:
    USA
    Firm:
    Squire Patton Boggs
    Enforcement of Keepwell Deeds in Mainland China
    2022-08-03

    Legal nature of a keepwell deed

    Keepwell deeds are widely used in offshore financing transactions, but such arrangement has only been tested in the PRC courts in recent years. In this alert, we explore issues relevant to the enforceability of such arrangements in Mainland China.

    Filed under:
    China, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Bankruptcy, Foreign exchange market
    Authors:
    Richard Mazzochi , Stanley Zhou , Claire Potter
    Location:
    China
    Firm:
    King & Wood Mallesons
    Celsius Networks’ Bankruptcy Case Update: It’s Still Early Days
    2022-08-03

    Now that their bankruptcy filing is a few weeks behind us, we provide below an update on certain matters of interest in the case of Celsius Networks and its affiliates. Of course, it’s still very early in the bankruptcy case — and in cryptocurrency cases in general — but we have already heard from many distressed opportunity investors that are interested in identifying investment opportunities. Given the novel legal and difficult valuation issues involved, it will be important to keep a close eye on the developments in these proceedings.

    Filed under:
    USA, Banking, Insolvency & Restructuring, IT & Data Protection, Crowell & Moring LLP, Blockchain, Bitcoin, Cryptocurrency
    Authors:
    Frederick (Rick) Hyman , Richard J. Lee
    Location:
    USA
    Firm:
    Crowell & Moring LLP
    UK Financial Services and Markets Bills 2022
    2022-08-02

    The recently published Financial Services and Markets Bill (FSM Bill) is intended to recast the U.K.’s regulatory architecture post-Brexit. It was introduced to Parliament on 20 July 2022. The Bill implements the outcomes of the Future Regulatory Framework Review, which assessed whether the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Public, White Collar Crime, A&O Shearman, Corporate governance, Brexit, Bitcoin, Climate change, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Financial Instruments Regulation (2014/600/EU)
    Authors:
    Barnabas (Barney) Reynolds , Thomas Donegan , Alexander Wood , Simon Dodds , Michael Scargill , Tom McKay , Wilf Odgers , Olivia Merrett , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    Chapter 15 - A Useful Tool for Protecting and Preserving Assets in Cryptocurrency Insolvency Proceedings
    2022-08-01

    The Bankruptcy Protector

    Filed under:
    USA, Banking, Insolvency & Restructuring, Litigation, Nelson Mullins Riley & Scarborough LLP, Bitcoin, Cryptocurrency, Ninth Circuit
    Authors:
    Gary M. Freedman
    Location:
    USA
    Firm:
    Nelson Mullins Riley & Scarborough LLP

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