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    Thomas Dowling v Promontoria (Arrow) Limited
    2017-10-25

    Alan Bennett and Crispin Jones successfully acted for Mr Dowling in his application to set aside a Statutory Demand served on him by Promontoria (Arrow) Limited ("Promontoria") in the sum of €6,338,675.93. The decision has wide reaching implications for creditors seeking to rely on guarantees.

    Filed under:
    United Kingdom, Banking, Company & Commercial, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Private equity, Debt
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Cross Border Restructuring and Insolvency Update - May 2017
    2017-05-30

    Marex Financial Limited v. Carlos Sevilleja Garcia [2017] EWHC 918 (Comm)

    This recent decision on a jurisdictional challenge has provided greater clarity and potentially created a tortious cause of action where a debtor dissipates assets prior to judgment and subsequent freezing order.

    Background

    Filed under:
    Germany, Portugal, Puerto Rico, United Kingdom, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP, Bankruptcy
    Authors:
    Alan Bennett , Sarah Shrimpton , Olivia Bridger
    Location:
    Germany, Portugal, Puerto Rico, United Kingdom
    Firm:
    Ashfords LLP
    Cross Border Restructuring and Insolvency Update - August 2016
    2016-08-25

    Legend International Holdings Inc (in Liquidation) v Indian Farmers Fertiliser Cooperative Limited [2016] VSCA 151

    The Australian Court of Appeal refused an appeal against a winding up order made in relation to Legend in Australia where Chapter 11 proceedings were on foot in the United States.

    Click here to read more...

    Filed under:
    Australia, Bahamas, Cayman Islands, Saudi Arabia, Singapore, Slovakia, Arbitration & ADR, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP, Bankruptcy, Liquidation
    Authors:
    Alan Bennett
    Location:
    Australia, Bahamas, Cayman Islands, Saudi Arabia, Singapore, Slovakia
    Firm:
    Ashfords LLP
    Re 19 Entertainment Ltd [2016] EWHC 1545 (Ch)
    2016-07-27

    The English Court granted recognition of Chapter 11 proceedings in relation to a company that was incorporated in the UK but had its centre of main interests ("COMI") in the United States, confirming that the Directors were foreign representatives for the purpose of the Cross Border Insolvency Regulations 2006 ("the Regulations").

    Filed under:
    Global, United Kingdom, USA, Insolvency & Restructuring, Litigation, Private Client & Offshore Services, Ashfords LLP, Bankruptcy, Debtor, Board of directors, Moratorium (law), UNCITRAL, High Court of Justice, Trustee
    Authors:
    Alan Bennett , Emma Clayton
    Location:
    Global, United Kingdom, USA
    Firm:
    Ashfords LLP
    Cross Border Restructuring and Insolvency Update - May 2016
    2016-05-31

    Short stories

    Amendments to the Czech Insolvency Act 2016

    Filed under:
    Czech Republic, Global, Hungary, India, Arbitration & ADR, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Liquidation
    Authors:
    Alan Bennett , Emma Clayton , Olivia Bridger
    Location:
    Czech Republic, Global, Hungary, India
    Firm:
    Ashfords LLP
    (1) Edgeworth Capital Luxembourg SARL (2) Aabar Blocks SARL v Glenn Maud [2016] EWHC 1016 (Ch)
    2016-05-27

    Further to our updates in December and January, there has been a further development in relation to this case. The High Court heard the second adjourned hearing of the bankruptcy petition in relation to Glenn Maud.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Shareholder
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Hong Kong Court of Final Appeal judgment on s30A(10)(a) of Bankruptcy Ordinance
    2015-11-25

    In a judgment given on 5 November 2015, the Final Appeal Court in Hong Kong held that s30A(10)(a) of the Bankruptcy Ordinance, which prevents the period of bankruptcy running from the date the Bankruptcy Order if the bankrupt is outside of Hong Kong, is unconstitutional. The Court found that the provision, which provides that upon returning to Hong Kong the Bankrupt must inform his Trustee and the period of bankruptcy runs from that date, is a disproportionate infringement on an individual's right to travel.

    Filed under:
    Hong Kong, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Court of Final Appeal (Hong Kong)
    Authors:
    Alan Bennett
    Location:
    Hong Kong
    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
    Ambey Capital Private Ltd & Ors v Mascarenhas & Ors (2018)
    2018-10-12

    Ashfords successfully acted for the Joint Trustees in Bankruptcy of Vincent Mascarenhas (deceased) in their application to discharge Freezing Orders, an Interim Charging Order and an Interim Third Party Debt Order obtained by creditors of the late Bankrupt in 2014. The Joint Trustees were not a party to the original proceedings but had standing to make the applications.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Ashfords LLP, Bankruptcy, Interim order, Insolvency Act 1986 (UK)
    Authors:
    Olivia Bridger
    Location:
    United Kingdom
    Firm:
    Ashfords LLP
    Bankruptcy sales: the stalking horse
    2015-03-16

    Sales of assets pursuant to Section 363 of the Bankruptcy Code or pursuant to a plan of reorganization provide a number of benefits to a purchaser, but they also present a number of potential impediments, particularly to purchasers who are not familiar with the bankruptcy sale process.

    Filed under:
    USA, Insolvency & Restructuring, Jones Day, Bankruptcy
    Authors:
    Brad B. Erens
    Location:
    USA
    Firm:
    Jones Day

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