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    Fifth Circuit: Bid Protections for Stalking Horse in Bankruptcy Asset Sale Satisfied Both Business Judgment and Administrative Expense Standards
    2023-12-07

    Bankruptcy and appellate courts disagree over the standard that should apply to a request for payment of a break-up fee or expense reimbursement to the losing bidder in a sale of assets outside the ordinary course of the debtor's business. Some apply a "business judgment" standard, while others require that the proposed payments satisfy the more rigorous standard applied to administrative expense claims.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Jones Day, Due diligence, Fifth Circuit
    Authors:
    Paul M. Green
    Location:
    USA
    Firm:
    Jones Day
    Promissory notes and loan notes in corporate reorganisations - uncertain terms in English law?
    2023-12-04

    Mislabelling a debt instrument as a promissory note can result in unintended consequences

    Promissory notes and loan notes are often used in group reorganisations to paper a loan relationship, but because the terms are frequently used interchangeably, there is scope for misuse and misunderstanding.

    Filed under:
    United Kingdom, Banking, Company & Commercial, Insolvency & Restructuring, Osborne Clarke, Due diligence, HM Revenue and Customs (UK), Companies Act 2006 (UK)
    Authors:
    Tom Lewis , Mathew Oliver , Anna Mattingley , Sarah Lunn
    Location:
    United Kingdom
    Firm:
    Osborne Clarke
    Duties, Obligations and Potential Liability of Directors and Insolvency Professionals: A Brief Review of Recent Decisions of the Singapore Courts
    2023-11-28

    Introduction

    Filed under:
    Singapore, Insolvency & Restructuring, Litigation, WongPartnership – Restructuring & Insolvency, Due diligence, Insolvency, Singapore High Court
    Location:
    Singapore
    Firm:
    WongPartnership – Restructuring & Insolvency
    Mitigating against supply chain issues in the Mobility & Infrastructure sector
    2023-11-14

    What is causing supply chain pressure and how can you spot the red flags?

    Increase in insolvencies

    Insolvency rates in the manufacturing and construction industries are higher than pre-pandemic levels and are showing an upward trend on a year-by-year basis since 2021.

    Filed under:
    United Kingdom, USA, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Osborne Clarke, Supply chain, Due diligence, ESG
    Authors:
    Duncan Gorst , Tom Andrews
    Location:
    United Kingdom, USA
    Firm:
    Osborne Clarke
    ERGO Analysing Development Impacting Business: Government's Secured Claim Cannot be Excluded from a Resolution Plan: Rainbow Papers View Unaddressed in Review
    2023-11-03

    On 31 October, 2023, in Sanjay Kumar Agarwal v State Tax Officer 1, 2023 SCC OnLine SC 1406, the Supreme Court of India (SC) in the exercise of its powers of review under Article 137 of the Constitution of India, (Rainbow Review) affirmed the view expressed by another bench of the SC in State Tax Officer (I) v. Rainbow Papers Limited 2022 SCC OnLine SC 1162 (Rainbow Judgment) that may have far reaching effects on the treatment of dues to the Government or governmental authorities in insolvency resolution proceedings under the Insolvency and Bankruptcy Code, 2016 (IBC).

    Filed under:
    India, Banking, Insolvency & Restructuring, Litigation, Khaitan & Co, Due diligence, Insolvency and Bankruptcy Code (India), Supreme Court of India, National Company Law Tribunal
    Authors:
    Thriyambak J. Kannan
    Location:
    India
    Firm:
    Khaitan & Co
    Due diligence of resolution applicants by resolution professionals: Mere reliance on an affidavit is not enough to check ineligibility under Section 29A of the IBC
    2023-11-03

    In an application filed by Vishram Narayan Panchpor, resolution professional of Blue Frog Media Private Limited (“Corporate Debtor”) in the matter of M/s Blue Frog Media Private Limited1 for approval of a resolution plan, the Mumbai bench of the National Company Law Tribunal (“NCLT Mumbai”) ruled that the object of Section 29A of the Insolvency and Bankruptcy Code, 2016 (“IBC”) requires a resolution professional to conduct adequate due diligence on a prospective resolution applicant and its related parti

    Filed under:
    India, Company & Commercial, Insolvency & Restructuring, Litigation, JSA, Due diligence, Insolvency, Insolvency and Bankruptcy Code (India), National Company Law Tribunal
    Authors:
    Aashit Shah , Aayush Suneja , Adrika Bisen
    Location:
    India
    Firm:
    JSA
    IBBI Paper: 16 Proposals to Strengthen the Liquidation Process
    2023-10-30

    The changes proposed seek to address the existing issues and safeguard the interests of stakeholders. The comments on the proposals and the draft regulations may be shared by November 10, 2023.

    The sixteen proposals put forward by the Board are as follows: –

    • No verification of prospective bidders

    Filed under:
    India, Compliance Management, Insolvency & Restructuring, Fox Mandal, Liquidation, Due diligence, Liquidator (law), Insolvency and Bankruptcy Board of India, Insolvency and Bankruptcy Code (India)
    Authors:
    Orijit Chatterjee
    Location:
    India
    Firm:
    Fox Mandal
    LCF Final Notice
    2023-10-30

    The Financial Conduct Authority (“the FCA”) issued a Final Notice against London Capital & Finance plc (“LCF”) for contravening regulatory requirements (pursuant to section 205 of the Financial Services and Markets Act 2000 (“the Act”)). The Final Notice contained a statement censuring LCF for failing to ensure that its financial promotions were fair, clear and not misleading.

    Filed under:
    United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, Mishcon de Reya LLP, Due diligence, Insolvency, Financial Conduct Authority (UK), Financial Services and Markets Act 2000 (UK)
    Authors:
    Guy Wilkes
    Location:
    United Kingdom
    Firm:
    Mishcon de Reya LLP
    Wearing the mantle of environmental obligations: Implications for secured lenders in Canada
    2023-10-23

    In a recent case involving Mantle Materials Group, Ltd. (2023 ABKB 488, “Mantle“), the intersection of environmental obligations and insolvency law in Canada has again come into sharp focus.

    Filed under:
    Canada, Alberta, Environment & Climate Change, Insolvency & Restructuring, Litigation, Miller Thomson LLP, Due diligence
    Authors:
    Tamara Farber , Craig A. Mills
    Location:
    Canada
    Firm:
    Miller Thomson LLP
    Insurance Quarterly Legal and Regulatory Update: 1 July 2023 - 30 September 2023
    2023-10-20

    1. SOLVENCY II 1.1 Solvency II Directive review: ECON agrees position on Solvency II Directive review On 27 July 2023, the European Parliament’s Committee on Economic and Monetary Affairs (ECON) published a report on its agreed position on the Proposal for a Directive amending the Solvency II Directive1 (Proposed Directive).

    Filed under:
    European Union, Ireland, Banking, Capital Markets, Company & Commercial, Environment & Climate Change, Insolvency & Restructuring, Insurance, IT & Data Protection, White Collar Crime, Dillon Eustace LLP, Climate change, Big data, Electric vehicle, Due diligence, ESG, Personal data, Anti-money laundering, Data privacy, Greenwashing, European Commission, European Parliament, European Council, European Insurance and Occupational Pensions Authority, Central Bank of Ireland, European Securities and Markets Authority, European Data Protection Board, GDPR, Solvency II Directive (2009/138/EU), Sustainable Finance Disclosure Regulation (2019/2088/EU)
    Location:
    European Union, Ireland
    Firm:
    Dillon Eustace LLP

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