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    Australia’s voluntary administration regime - the impact and outcome
    2021-10-02

    Voluntary administration is Australia’s primary business rescue regime. This article is Part 2 of a two-part series. In this article, we highlight the impact of voluntary administration on various stakeholders and the potential outcomes for a company in voluntary administration. It is not intended to be used as an exhaustive guide to Australia’s voluntary administration regime and its many nuances.

    Filed under:
    Australia, Hong Kong, Singapore, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Dispute resolution, Debt restructuring, Coronavirus, Company voluntary arrangement, Pre-pack, Restructuring of multinational corporate groups, Cross-border insolvency, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    An essential overview of Australia’s primary business rescue regime, voluntary administration
    2021-10-02

    Voluntary administration is Australia’s primary business rescue regime. This article is Part 1 of a two-part series. This article provides an introductory overview of voluntary administration in Australia, explaining what it is, why entities might enter it and its processes. It is not intended to be used as an exhaustive guide to Australia’s voluntary administration regime and its many nuances.

    Filed under:
    Australia, Hong Kong, Singapore, United Kingdom, USA, Company & Commercial, Insolvency & Restructuring, Litigation, Ironbridge Legal, Dispute resolution, Debt restructuring, Company voluntary arrangement, Pre-pack, Restructuring of multinational corporate groups, Cross-border insolvency, Corporations Act 2001 (Australia)
    Authors:
    Trevor Withane
    Location:
    Australia, Hong Kong, Singapore, United Kingdom, USA
    Firm:
    Ironbridge Legal
    Thought Leaders - GIR 2021: James Pomeroy
    2021-09-30

    “James has incredible financial, audit and technology skills” “James has an excellent ability to organise and interpret large quantities of data to develop successful strategies” “He stands out for his insolvency law knowledge”

    Questions & Answers

    Filed under:
    British Virgin Islands, Company & Commercial, Insolvency & Restructuring, Who’s Who Legal, Due diligence, Coronavirus
    Location:
    British Virgin Islands
    Firm:
    Who’s Who Legal
    Rising from the ashes
    2021-09-30

    Creditors can often confuse (i) the outlawed practice of “phoenixing” with (ii) pre-pack administrations. The former is an abuse of the privilege of limited liability through (often repeatedly) liquidating a company laden with debts only to emerge shortly after under the guise of a new limited company, debt free, effectively carrying on the exact same business with the same name, premises and people.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Kingsley Napley, Board of directors, Liquidation, Creditors' rights, Coronavirus, House of Lords, Insolvency Act 1986 (UK)
    Authors:
    Daniel Staunton
    Location:
    United Kingdom
    Firm:
    Kingsley Napley
    Analysing the 2021 IBBI Discussion Paper on Code of Conduct for Committee of Creditors
    2021-09-29

    Background

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, Obhan & Associates
    Authors:
    Ashima Obhan
    Location:
    India
    Firm:
    Obhan & Associates
    The Smile Telecoms Restructuring Plan: A Closer Look
    2021-09-28

    A restructuring plan completed earlier this year by Smile Telecoms notches up a number of firsts.

    African telecommunications provider Smile Telecoms Holding Limited, incorporated in Mauritius, successfully completed a restructuring plan (the Plan) under Part 26A of the UK Companies Act 2006 at the end of March 2021.

    The Plan features a number of novel actions, including:

    Filed under:
    European Union, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Latham & Watkins LLP, Companies Act 2006 (UK)
    Authors:
    James Chesterman , Tom Davies
    Location:
    European Union, United Kingdom
    Firm:
    Latham & Watkins LLP
    COVID-19: Winding up petition restrictions to be replaced from 30 September 2021
    2021-09-29

    Background

    The Corporate Insolvency and Governance Act 2020 (CIGA) came into force on 26 June 2020.

    Schedule 10 of CIGA restricted the presentation of debt-related winding-up petitions where a company cannot pay its bills (including rent) due to COVID-19 in Great Britain.

    These restrictions were initially due to end on 30 September 2020, but have since been extended until 30 September 2021.

    The Current Position

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Burges Salmon LLP, Coronavirus, Commercial tenant
    Authors:
    James Sutherland
    Location:
    United Kingdom
    Firm:
    Burges Salmon LLP
    Bankruptcy debtor prevails over SBA in district of Arizona PPP loan dispute
    2021-09-28

    The Paycheck Protection Program (“PPP”) was a forgivable loan program administered by the US Small Business Administration (“SBA”) that was created as part of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) in March 2020. The PPP ended on May 31, 2021. Since the passage of the CARES Act, litigation has ensued over whether companies in bankruptcy are eligible to receive PPP loans.

    Filed under:
    USA, Arizona, Company & Commercial, Insolvency & Restructuring, Litigation, Snell & Wilmer LLP, Coronavirus, Paycheck Protection Program, Small Business Administration (USA), CARES Act 2020 (USA), Ninth Circuit
    Authors:
    Andrea M. Hicks , Molly J. Kjartanson , Tanya N. Lewis
    Location:
    USA
    Firm:
    Snell & Wilmer LLP
    Company Directors Beware! Parliament Debates Extending Current Directors’ Disqualification Regime to Directors of Dissolved Companies
    2021-09-21

    The Ratings (Coronavirus) and Directors Disqualification (Dissolved Companies) Bill, which is currently being considered in the House of Lords, contains significant implications for directors of dissolved companies.

    The key provisions of the Bill, which if passed is likely to become law in late 2021 or early 2022 and importantly expressly provide that it will have retrospective effect, are that the Insolvency Service will be able to:

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Armstrong Teasdale LLP, Coronavirus, House of Lords
    Authors:
    Molly Ahmed , Robert Paydon
    Location:
    United Kingdom
    Firm:
    Armstrong Teasdale LLP
    Restrictions on winding-up petitions: phasing out of temporary measures
    2021-09-23

    The UK Government has announced changes to the regime for winding-up petitions. With effect from 1 October 2021, some of the protections currently afforded to businesses against aggressive debt recovery action are being phased out.

    The changes are intended to avoid a 'cliff edge' for debtor companies when the current measures lapse at the end of September 2021, and have a tapering effect to avoid the flood of winding-up petitions that might otherwise be expected.

    What are the current restrictions (in place until 30 September 2021)?

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, DLA Piper, Coronavirus
    Authors:
    Tim Dawson , David Ampaw , Sarah Letson , Rowan Aspinwall
    Location:
    United Kingdom
    Firm:
    DLA Piper

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