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    Model Law on cross-border insolvency
    2022-07-25

    Naumets (Trustee), Dorokhov (Bankrupt) v Dorokhov [2022] FCA 748 In the matter of Hydrodec Group Plc [2021] NSWSC 755

    Filed under:
    Australia, Global, Capital Markets, Insolvency & Restructuring, Litigation, HFW, UNCITRAL, Financial Conduct Authority (UK), Australian Securities and Investments Commission, Corporations Act 2001 (Australia)
    Authors:
    Bronwyn Lincoln , Geraldine Valenzuela , Ranjani Sundar
    Location:
    Australia, Global
    Firm:
    HFW
    Houst - Restructuring Plans march onwards: green light for cram across, is cram up next on the restructuring plan journey?
    2022-07-26

    On 22 July 2022 and after the judge ordered a delay for more evidence, the English court sanctioned the restructuring plan proposed by Houst Limited (Houst). Houst is an SME that is concerned with the provision of property management services for short-term/holiday lets. Its business was badly affected by the Covid-19 pandemic, meaning it was both cash flow and balance sheet insolvent when proposing the plan.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Tax, Freshfields Bruckhaus Deringer, Coronavirus, Financial Conduct Authority (UK), HM Revenue and Customs (UK)
    Authors:
    Craig Montgomery , Richard Tett , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Cryptoassets & Insolvency: Legal, Regulatory and Practical Considerations
    2022-07-25

    Cryptoassets & Insolvency: Legal, Regulatory and Practical Considerations Shearman & Sterling 21 July 2022 Part I: Introduction and Background Introduction Cryptoassets have emerged from relative obscurity to become an increasingly significant and mainstream presence: in just five years the global market cap for cryptocurrencies rose from around $15bn to over $3tn at its peak in November of last year. This has fueled a prolific expansion of cryptofocussed businesses (e.g.

    Filed under:
    Japan, United Kingdom, Banking, Capital Markets, Insolvency & Restructuring, IT & Data Protection, Litigation, A&O Shearman, Blockchain, Private equity, Bitcoin, Cryptocurrency, Initial coin offering, Cybersecurity, Anti-money laundering, Non-fungible tokens, US Securities and Exchange Commission, Financial Conduct Authority (UK), HM Treasury (UK), Microsoft, Bank of England, Financial Services and Markets Act 2000 (UK)
    Location:
    Japan, United Kingdom
    Firm:
    A&O Shearman
    Is it time to wake up the 'zombies'?
    2022-07-19

    There has been much commentary recently on the treatment by lenders of individuals and small and medium sized enterprises (SMEs). Indeed, the FCA has made its expectations very clear – that lenders should fully support those experiencing financial difficulty.

    As a restructuring professional and insolvency practitioner, and a former regulator, I have some competing views and thoughts on what this means and whether it is the optimum approach in the longer term.

    Filed under:
    United Kingdom, Insolvency & Restructuring, FRP Advisory, Financial Conduct Authority (UK), HM Revenue and Customs (UK)
    Authors:
    Daniel Conway
    Location:
    United Kingdom
    Firm:
    FRP Advisory
    UK court sanctions Amigo's scheme that allows for two alternative outcomes
    2022-07-07

    The court sanctioned one of two potential schemes of arrangement for Amigo Loans Ltd (Amigo) and approved a plan that provided for two possible outcomes.

    Background

    Amigo provided guarantor loans to customers with poor credit scores. Amigo owed customers and the Financial Ombudsman Service £375 million for customer complaints and was insolvent.

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Trade & Customs, Taylor Wessing, Financial Conduct Authority (UK)
    Authors:
    Nick Moser , Kate Hamblin
    Location:
    United Kingdom
    Firm:
    Taylor Wessing
    Digital Settlement Asset Firms: Do we need another Special Administration Regime?
    2022-07-07

    In its recent consultation (“Managing the failure of systematic Digital Settlement Asset (including stablecoin) firms”), the Government has proposed that one of two special administration regimes (SARs) which currently apply to certain financial institutions (the Financial Market Infrastructure Special Administration Regime (FMI SAR) or the Payment and E-Money Special Administ

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Mayer Brown, Cryptocurrency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England
    Authors:
    Hannah Davies , Michael Fiddy
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Falling back to Earth: UK’s proposed approach to managing the failure of systemic crypto firms
    2022-06-24

    Cryptoassets continue to be in the spotlight with prices no longer heading ‘to the moon’, the recent high-profile failure of an algorithmic stablecoin and the difficulties experienced by various service providers. This all forms the backdrop to the UK Government’s publication of proposals with respect to managing the failure of systemic digital settlement asset firms.

    Overview

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, IT & Data Protection, Freshfields Bruckhaus Deringer, Blockchain, Cryptocurrency, Financial Conduct Authority (UK), HM Treasury (UK), Bank of England
    Authors:
    Claire Harrop , Emma Gateaud , Katharina Crinson
    Location:
    United Kingdom
    Firm:
    Freshfields Bruckhaus Deringer
    Be Prepared. For What?
    2022-06-13

    In 1907, Robert Baden-Powell, an English soldier, devised the Scout motto: Be Prepared. Upon hearing the Scout motto, someone asked Baden-Powell the inevitable follow-up question.

    “Prepared for what?”

    “Why, for any old thing,” he replied.

    In Scouting for Boys (published in 1908), Baden-Powell wrote that to ‘Be Prepared’ means “you are always in a state of readiness in mind and body to do your duty.” More than a century later, preparedness is still a cornerstone of Scouting.

    Filed under:
    United Kingdom, Insolvency & Restructuring, FRP Advisory, Supply chain, Coronavirus, Financial Conduct Authority (UK)
    Authors:
    Daniel Conway
    Location:
    United Kingdom
    Firm:
    FRP Advisory
    Pension Disputes Bulletin- May 2022
    2022-05-26

    HERBERT SMITH FREEHILLS

    Pension Disputes Bulletin

    Welcome to the latest edition of our regular pension disputes bulletin. In these bulletins we report on key cases, Ombudsman decisions and regulatory activity and we highlight emerging risks for pension schemes, providers, sponsors, administrators and other service providers.

    In a hurry? In a hurry? Read the `Risk warning', `Takeaways' and `Comment' boxes to find out the key risks, points to note and to read our observations on each case/ development.

    MAY 2022

    Filed under:
    United Kingdom, Employee Benefits & Pensions, Insolvency & Restructuring, IT & Data Protection, Litigation, Tax, Herbert Smith Freehills LLP, Due diligence, Guaranteed minimum pension, Financial Conduct Authority (UK), Information Commissioner's Office (UK), HM Revenue and Customs (UK), UK Supreme Court
    Location:
    United Kingdom
    Firm:
    Herbert Smith Freehills LLP
    The Court’s willingness to extend the convening period for a meeting of creditors where the administration is large and complex
    2022-05-19

    In Algeri, in the matter of WBHO Australia Pty Ltd (Administrators Appointed) [2022] FCA 169, the Federal Court heard the second application by the administrators who were seeking an extension to the convening period for the second meeting of creditors, which pursuant to section 439A(5) of the Corporations Act 2001 (Cth) (the Act) was set to expire on 24 March 2022.

    Filed under:
    Australia, Company & Commercial, Insolvency & Restructuring, Litigation, Gadens, Financial Conduct Authority (UK), Corporations Act 2001 (Australia)
    Authors:
    Scott Couper
    Location:
    Australia
    Firm:
    Gadens

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