Skip to main content
Enter a keyword
  • Login
  • Home

    Main navigation

    Menu
    • US Law
      • Chapter 15 Cases
    • Regions
      • Africa
      • Asia Pacific
      • Europe
      • North Africa/Middle East
      • North America
      • South America
    • Headlines
    • Education Resources
      • ABI Committee Articles
      • ABI Journal Articles
      • Covid 19
      • Conferences and Webinars
      • Newsletters
      • Publications
    • Events
    • Firm Articles
    • About Us
      • ABI International Board Committee
      • ABI International Member Committee Leadership
    • Join
    Competitive advantages through early preparation for acquisition opportunities in a crisis
    2023-02-27

    1. Introduction

    The market for distressed transactions is expected to grow in 2023 but will also become more difficult. This makes it all the more important to deal with the specific legal aspects of acquiring a company in times of crisis or insolvency at an early stage.

    2. A look back at 2022 and ahead to 2023

    Filed under:
    Germany, Competition & Antitrust, Insolvency & Restructuring, Advant Beiten, Supply chain, Due diligence, Merger control, Coronavirus, Insolvency
    Authors:
    Wilken Beckering
    Location:
    Germany
    Firm:
    Advant Beiten
    Directors’ Duties Towards Creditors: Clarification by the Supreme Court
    2023-02-27

    BTI 2014 LLC v Sequana SA & Others [2022] UKSC 25

    Factual Background

    1. In December 2008 and May 2009, the directors of a UK limited company, known as Arjo Wiggins Appleton Limited (“AWA”) distributed dividends to its parent company and sole shareholder, the defendant in the claim, Sequana SA (“Sequana”). The dividend payment in May 2009 was just over £119m.

    Filed under:
    United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, 3PB Barristers, Due diligence, Supreme Court of the United States, UK Supreme Court
    Authors:
    Makhsudul Islam
    Location:
    United Kingdom
    Firm:
    3PB Barristers
    Mind the Gap: Court Exercises Inherent Jurisdiction to Prime Secured Interest
    2023-02-22

    In Golfside Ventures Ltd (Re) (2023 ABKB 86) the Court of King’s Bench of Alberta (the “Court”) reaffirmed the Court’s authority to exercise inherent jurisdiction in proceedings under the Bankruptcy and Insolvency Act (the “BIA”) in circumstances where (1) the BIA is silent or has not dealt with a matter exhaustively; and (2) the benefit of granting the relief outweighs th

    Filed under:
    Canada, Alberta, Insolvency & Restructuring, Litigation, Fasken, Due diligence, Bankruptcy and Insolvency Act 1985 (Canada)
    Authors:
    Robyn Gurofsky , Jessica Cameron , Anthony Mersich
    Location:
    Canada
    Firm:
    Fasken
    ABC: Assignments for the Benefit of Creditors
    2023-02-17

    What’s an ABC? If you ask ChatGPT, “ABC” is an acronym that can have multiple meanings, depending on the context—for example, referring to the alphabet. But here we are talking about a type of business liquidation process in the United States known as an Assignment for the Benefit of Creditors (“ABC”). An ABC is governed by state law and has long been viewed as an alternative to a liquidation under Chapter 7 of the US Bankruptcy Code.

    Filed under:
    USA, Corporate Finance/M&A, Insolvency & Restructuring, Mayer Brown, Due diligence, ChatGPT
    Authors:
    Nina L. Flax , Paul C. de Bernier , Gordon A. Palmquist , Tyler R. Ferguson , Sean T. Scott
    Location:
    USA
    Firm:
    Mayer Brown
    The collapse of FTX: lessons for many
    2023-02-14

    From investors to regulators, FTX Trading Ltd (FTX) filing for bankruptcy was unexpected by all. A catalyst for litigation and regulation over the years to come, this collapse will serve as a warning, particularly to cryptocurrency insurers.

    What happened?

    Filed under:
    United Kingdom, Banking, Corporate Finance/M&A, Derivatives, Insolvency & Restructuring, Insurance, IT & Data Protection, White Collar Crime, Reynolds Porter Chamberlain, Corporate governance, Venture capital, Due diligence, Cryptocurrency, Anti-money laundering, Financial Conduct Authority (UK), FTX
    Authors:
    James Wickes , Matthew Wood , Jessica Pease
    Location:
    United Kingdom
    Firm:
    Reynolds Porter Chamberlain
    UK proposals for cryptoasset regulation
    2023-02-14

    The U.K. government has published its much-anticipated proposals for regulating the cryptoasset industry. These proposals, currently in the form of a consultation, will see many (but not all) cryptoasset-related activities being brought within the regulatory perimeter for financial services in the U.K.

    Filed under:
    European Union, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, White Collar Crime, A&O Shearman, Blockchain, Crowdfunding, Bitcoin, Due diligence, Cryptocurrency, Financial Services Compensation Scheme, Distributed ledger, ESG, Cybersecurity, Anti-money laundering, Central counterparties, Decentralised finance, Financial Conduct Authority (UK), House of Lords, FTX, MiFID, Financial Services and Markets Act 2000 (UK), Markets in Cryptoassets Regulation (EU)
    Authors:
    Thomas Donegan , Barnabas (Barney) Reynolds , Wilf Odgers , Elias Allahyari , Nicholas Ormondroyd , Chloe Barrowman , Sandy Collins
    Location:
    European Union, United Kingdom
    Firm:
    A&O Shearman
    High-level overview of managers' responsibilities in times of financial distress
    2023-01-31

    Background to this overview

    The below overview is deemed to be a high-level overview providing the general outlines of the legal Luxembourg framework applicable to the members of the management board in private limited liability companies (sociétés à responsabilité limitée) (an “SARL”) in times of financial distress.

    Filed under:
    Luxembourg, Insolvency & Restructuring, Litigation, Ashurst, Due diligence, State aid, Force majeure
    Authors:
    Isabelle Lentz , Paul Witte
    Location:
    Luxembourg
    Firm:
    Ashurst
    First Impressions: The Eleventh Circuit Examines 20-Day Administrative Expense Claims and the Subsequent New Value Preference Defense
    2023-01-31

    The Bankruptcy Code confers "administrative expense" priority status on the claims of vendors for the value of goods that are shipped in the ordinary course of business and received by a debtor within 20 days of filing for bankruptcy. It also provides vendors and other creditors with various defenses to the avoidance of preferential payments received from the debtor during anywhere from 90 days to one year before filing for bankruptcy, depending upon whether the creditor is an "insider" of the debtor.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Due diligence, Eleventh Circuit
    Authors:
    Mark G. Douglas , Nathan P. Yeary
    Location:
    USA
    Firm:
    Jones Day
    Opportunities for the Bold - A Guide to Buying From Administrators in the UK
    2023-01-19

    Economic indicators tell us 2023 is set to be a challenging year with many countries still struggling to recover from the cost of the pandemic, combined with the impacts of the war in Ukraine driving up energy and food costs globally along with inflation gripping most western nations.

    Filed under:
    United Kingdom, Corporate Finance/M&A, Employment & Labor, Insolvency & Restructuring, Eversheds Sutherland (International) LLP, Supply chain, Due diligence, Transfer of Undertakings (Protection of Employment) Regulations 2006 (UK)
    Authors:
    Andrew Jordan , David L Gray , Jenna Poulton , Allen
    Location:
    United Kingdom
    Firm:
    Eversheds Sutherland (International) LLP
    Between the lines- January, 2023
    2023-01-20

    January, 2023 For Private Circulation - Educational & Informational Purpose Only Between the lines... A BRIEFING ON LEGAL MATTERS OF CURRENT INTEREST KEY HIGHLIGHTS ⁎ Delhi High Court: Invoking CIRP would not make the dispute non-arbitrable. ⁎ NCLAT: Section 96(1)(b) of the IBC does not stay any future liability or obligation. ⁎ NCLAT: The IBC does not provide for any look-back period on how far back fraudulent transactions can be investigated. ⁎ The changing contours of employment law in India. January, 2023 http://www.vaishlaw.com/ I.

    Filed under:
    India, Company & Commercial, Employment & Labor, Insolvency & Restructuring, Litigation, Vaish Associates Advocates, Due diligence, Sharing economy, Gig economy, Insolvency and Bankruptcy Code (India), Delhi High Court, National Company Law Tribunal
    Location:
    India
    Firm:
    Vaish Associates Advocates

    Pagination

    • First page « First
    • Previous page ‹‹
    • …
    • Page 9
    • Page 10
    • Page 11
    • Page 12
    • Current page 13
    • Page 14
    • Page 15
    • Page 16
    • Page 17
    • …
    • Next page ››
    • Last page Last »
    Home

    Quick Links

    • US Law
    • Headlines
    • Firm Articles
    • Board Committee
    • Member Committee
    • Join
    • Contact Us

    Resources

    • ABI Committee Articles
    • ABI Journal Articles
    • Conferences & Webinars
    • Covid-19
    • Newsletters
    • Publications

    Regions

    • Africa
    • Asia Pacific
    • Europe
    • North Africa/Middle East
    • North America
    • South America

    © 2025 Global Insolvency, All Rights Reserved

    Joining the American Bankruptcy Institute as an international member will provide you with the following benefits at a discounted price:

    • Full access to the Global Insolvency website, containing the latest worldwide insolvency news, a variety of useful information on US Bankruptcy law including Chapter 15, thousands of articles from leading experts and conference materials.
    • The resources of the diverse community of United States bankruptcy professionals who share common business and educational goals.
    • A central resource for networking, as well as insolvency research and education (articles, newsletters, publications, ABI Journal articles, and access to recorded conference presentation and webinars).

    Join now or Try us out for 30 days