Skip to main content
Home
Enter a keyword

Main navigation

Menu
  • US Law
  • 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
  • Firm Articles
  • About Us
    • ABI International Board Committee
    • ABI International Member Committee Leadership
  • Join ABI

No concrete proposal - Hong Kong court calls for debtor companies to show realistic restructuring proposals
2023-05-30

A Hong Kong court has reminded debtors of the need to present a credible and realistic restructuring proposal when facing creditors threatening winding up actions. In Re Jiayuan International Group Limited (佳源國際控股有限公司) [2023] HKCFI 1254, the Honourable Madam Justice Linda Chan warned that it is not enough for a debtor company to merely point to commercial discussions with some of the creditors when seeking an adjournment.

Filed under:
Hong Kong, Company & Commercial, Insolvency & Restructuring, Litigation, Hogan Lovells
Authors:
Nigel Sharman , Jonathan Leitch
Location:
Hong Kong
Firm:
Hogan Lovells
View Original Article
Fixed or floating? The English High Court considers the nature of security granted by Avanti
2023-05-10

The administrators of Avanti Communications Limited (the “Company”) sought directions from the High Court as to whether purported fixed charges in favour of the secured lenders to the satellite operating business should be recharacterised as floating charges (In the matter of Avanti Communications Limited (In administration) [2023] EWHC 940 (Ch)).

Summary of decision

Filed under:
United Kingdom, Insolvency & Restructuring, Litigation, Tax, Hogan Lovells, HM Revenue and Customs (UK)
Authors:
Charlotte Lamb , Margaret Kemp , Susan Whitehead
Location:
United Kingdom
Firm:
Hogan Lovells
View Original Article
Petition barred - Hong Kong CFA confirms primacy of exclusive jurisdiction clause in bankruptcy
2023-05-08

The Hong Kong Court of Final Appeal (CFA) has confirmed a Court of Appeal finding that the court should respect the effect of an exclusive jurisdiction clause in bankruptcy proceedings, just as it does in ordinary civil actions.

Filed under:
Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
Authors:
Jonathan Leitch , Nigel Sharman
Location:
Hong Kong
Firm:
Hogan Lovells
View Original Article
Second Circuit holding: Assumption of Ground Lease doesn’t require cure payment to contractor
2023-04-26

In a recent decision, the Second Circuit held that only parties with the right to pursue a breach of contract claim under an executory contract or unexpired lease have the right to demand a cure payment in the event the executory contract or lease is assumed by a debtor in bankruptcy, affirming previous decisions by the bankruptcy and district courts, and limiting the scope of Bankruptcy Code § 365(b)(1)(A).

Filed under:
USA, Insolvency & Restructuring, Litigation, Hogan Lovells, Second Circuit
Authors:
John Beck , Katherine Lynn
Location:
USA
Firm:
Hogan Lovells
View Original Article
Second Circuit holds that general contractor doesn’t have to be satisfied in full for real estate developer to assume and assign Ground Lease in bankruptcy
2023-04-26

In a recent decision, the Second Circuit held that only parties with the right to pursue a breach of contract claim under an executory contract or unexpired lease have the right to demand a cure payment in the event the executory contract or lease is assumed by a debtor in bankruptcy, affirming previous decisions by the bankruptcy and district courts, and limiting the scope of Bankruptcy Code § 365(b)(1)(A).

Filed under:
USA, Insolvency & Restructuring, Litigation, Hogan Lovells, Second Circuit
Location:
USA
Firm:
Hogan Lovells
View Original Article
Moving in unity - Hong Kong court does away with deed of contribution requirement in sanctioning guarantor's scheme
2022-12-08

In Re Unity Group Holdings International Ltd [2022] HKCFI 3419, the Hong Kong court has for the first time sanctioned a scheme of arrangement that releases debts of third-party obligors that were guaranteed by the scheme company without requiring a deed of contribution. The Honourable Mr. Justice Harris deviated from the English law approach and ruled that a deed of contribution will no longer be necessary for the release of a principal obligor's liability that has been guaranteed by the scheme company.

A going concern

Filed under:
Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
Authors:
Jonathan Leitch , Carol Hartopp , Wei Lun Koh , Nigel Sharman
Location:
Hong Kong
Firm:
Hogan Lovells
View Original Article
Moving in unity - Hong Kong court does away with deed of contribution requirement in sanctioning guarantor's scheme
2022-12-08

In Re Unity Group Holdings International Ltd [2022] HKCFI 3419, the Hong Kong court has for the first time sanctioned a scheme of arrangement that releases debts of third-party obligors that were guaranteed by the scheme company without requiring a deed of contribution. The Honourable Mr. Justice Harris deviated from the English law approach and ruled that a deed of contribution will no longer be necessary for the release of a principal obligor's liability that has been guaranteed by the scheme company.

A going concern

Filed under:
Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
Authors:
Jonathan Leitch , Carol Hartopp , Wei Lun Koh , Nigel Sharman
Location:
Hong Kong
Firm:
Hogan Lovells
View Original Article
Moving in unity - Hong Kong court does away with deed of contribution requirement in sanctioning guarantor's scheme
2022-12-08

In Re Unity Group Holdings International Ltd [2022] HKCFI 3419, the Hong Kong court has for the first time sanctioned a scheme of arrangement that releases debts of third-party obligors that were guaranteed by the scheme company without requiring a deed of contribution. The Honourable Mr. Justice Harris deviated from the English law approach and ruled that a deed of contribution will no longer be necessary for the release of a principal obligor's liability that has been guaranteed by the scheme company.

A going concern

Filed under:
Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
Authors:
Jonathan Leitch , Carol Hartopp , Wei Lun Koh , Nigel Sharman
Location:
Hong Kong
Firm:
Hogan Lovells
View Original Article
Moving in unity - Hong Kong court does away with deed of contribution requirement in sanctioning guarantor's scheme
2022-12-08

In Re Unity Group Holdings International Ltd [2022] HKCFI 3419, the Hong Kong court has for the first time sanctioned a scheme of arrangement that releases debts of third-party obligors that were guaranteed by the scheme company without requiring a deed of contribution. The Honourable Mr. Justice Harris deviated from the English law approach and ruled that a deed of contribution will no longer be necessary for the release of a principal obligor's liability that has been guaranteed by the scheme company.

A going concern

Filed under:
Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
Authors:
Jonathan Leitch , Carol Hartopp , Wei Lun Koh , Nigel Sharman
Location:
Hong Kong
Firm:
Hogan Lovells
View Original Article
Moving in unity - Hong Kong court does away with deed of contribution requirement in sanctioning guarantor's scheme
2022-12-08

In Re Unity Group Holdings International Ltd [2022] HKCFI 3419, the Hong Kong court has for the first time sanctioned a scheme of arrangement that releases debts of third-party obligors that were guaranteed by the scheme company without requiring a deed of contribution. The Honourable Mr. Justice Harris deviated from the English law approach and ruled that a deed of contribution will no longer be necessary for the release of a principal obligor's liability that has been guaranteed by the scheme company.

A going concern

Filed under:
Hong Kong, Insolvency & Restructuring, Litigation, Hogan Lovells
Authors:
Jonathan Leitch , Carol Hartopp , Wei Lun Koh , Nigel Sharman
Location:
Hong Kong
Firm:
Hogan Lovells
View Original Article

Pagination

  • Current page 1
  • Page 2
  • Page 3
  • Page 4
  • Page 5
  • Page 6
  • Page 7
  • Page 8
  • Page 9
  • …
  • Next page ››
  • Last page Last »

Footer menu

  • Publications
  • Newsletters
  • ABI International Board Committee

© 2022 Global Insolvency, All Rights Reserved