The 11 October 50-page judgment of Hildyard J in The joint administrators of Lehman Brothers International (Europe) v FR Acquisitions Corporation (Europe) and JFB Firth Rixson will interest not only those who deal with ISDA Master Agreements (who may want to read the entire judgment), but also many lawyers and financial and commercial institutions. This is because the events of default which it had to consider, and especially the meaning of the word “continuing” in this context, are relevant to bonds, loans and various commercial contracts.
Már Magyarországon is elindítható a szerkezetátalakítási eljárás, amelynek célja az életképes vállalkozások nehézségeinek kezelése és a fizetésképtelenség megelőzése. A DLA Piper Hungary szakmai eseményén jogi és gazdasági oldalról egyaránt megvilágították a szakértők az új eljárás részleteit és előnyeit, valamint arra is kitértek, hogy a megváltozott külső körülmények milyen iparági szereplőket állítottak igazán komoly kihívások elé.
Company insolvencies in England and Wales are at their highest quarterly level since 2009, according to a report released by the Office for National Statistics (ONS) last week.
60 second speed read:
Introduction
When a private company wishes to cease its operation in Hong Kong, this is the most common question we are asked: should we deregister the entity or liquidate the entity?
Deregistration
The deregistration procedure is applicable to most companies (subject to certain exceptions) which have not been in operation during the preceding three months.
On Friday, 29 July the Minister for Enterprise, Trade and Employment signed into law the European Union (Preventive Restructuring) Regulations 2022 (the Regulations).
The recent crash in cryptocurrency prices has erased nearly $2 trillion in market value and forced three large firms into bankruptcy proceedings in the United States Bankruptcy Court for the Southern District of New York (SDNY): Three Arrows Capital, Voyager Digital, and Celsius Network.
The cryptocurrency hedge fund Three Arrows Capital was the first domino to fall. It suffered heavy losses on trades connected to the collapse of the Terra algorithmic stablecoin, which in turn triggered margin calls and subsequent defaults on over $1 billion in loans.
In MNP Ltd. v. Canada Revenue Agency (MNP v CRA), the Alberta Court of Queen’s Bench (“ABQB”) clarified the effect of bankruptcy on a writ of enforcement’s “binding interest” acquired on registration against a debtor’s land, ultimately holding that whatever priority a writ’s binding interest has before bankruptcy, it is undercut by the debtor’s bankruptcy. In so doing, the ABQB reaffirmed the validity of a “priority flip” between secured creditors and unsecured judgment creditors upon a debtor’s bankruptcy.
Background
Pursuant to the Companies (Miscellaneous Provisions) (COVID-19) Act 2020 (the COVID Act), “exceptional provision” to the operation of certain parts of the Companies Act 2014 (the Act) was made for a specific period of time, which period could be extended by order of the Government (the Interim Period). Yesterday, the government announced that it was extending the Interim Period until 31 December 2022.