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Foreign Representatives Failure to Communicate with Bankruptcy Court Warrants Closure of Chapter 15 Case
2023-03-30

Like debtors, bankruptcy trustees, official committees, examiners, and estate-compensated professionals, foreign representatives in chapter 15 cases have statutory reporting obligations to the bankruptcy court and other stakeholders as required by the plain language of the Bankruptcy Code. Such duties include the obligation to keep the U.S. bankruptcy court promptly informed of changes in either the status of the debtor's foreign bankruptcy case or the status of the foreign representative's appointment in that case. Furthermore, chapter 15 provides a U.S.

Filed under:
USA, Insolvency & Restructuring, Litigation, Jones Day, Insolvency, UNCITRAL
Authors:
Corinne Ball , Dan T. Moss , Michael C. Schneidereit , Isel M. Perez , Mark G. Douglas
Location:
USA
Firm:
Jones Day
View Original Article
King & Wood Mallesons' submission on corporate insolvency in Australia
2022-12-01

Overview of this submission

Filed under:
Australia, Company & Commercial, Insolvency & Restructuring, Litigation, King & Wood Mallesons, Mediation, Coronavirus, Insolvency, Corporations Act 2001 (Australia)
Location:
Australia
Firm:
King & Wood Mallesons
View Original Article
The UK's latest company insolvency statistics: macro-economic headwinds continue to bite
2022-10-28

As expected, the UK's latest quarterly company insolvency statistics, published on 28 October, follow the pattern of previous quarterly updates this year with the number of insolvencies continuing to rise in comparison with both the equivalent quarter in 2021, and pre-pandemic.

With the temporary insolvency measures implemented under the Corporate Insolvency and Governance Act no longer in force, the Q3 2022 data shows a significant increase in insolvencies from Q3 2021, with the overall number of registered company insolvencies 40 per cent higher.

Filed under:
United Kingdom, Insolvency & Restructuring, Freshfields Bruckhaus Deringer, Supply chain, Insolvency
Authors:
Ken Baird , Kevin Connolly
Location:
United Kingdom
Firm:
Freshfields Bruckhaus Deringer
View Original Article
What does today's Sequana decision mean for directors?
2022-10-05

Background

On 5 October 2022, the Supreme Court handed down its long-awaited judgment in BTI 2014 LLC v. Sequana S.A. [2022] UKSC 25 concerning the trigger point at which directors must have regard to the interests of creditors pursuant to s.172(3) of the Companies Act 2006 (the "creditors' interests duty").

Filed under:
European Union, United Kingdom, Insolvency & Restructuring, Litigation, Public, Dentons, Brexit, Supply chain, Coronavirus, Insolvency, UK Supreme Court
Authors:
Tessa Blank , Neil Griffiths , Luci Mitchell-Fry , Ian Fox , Celia Hayward , Richard Pallot-Cook
Location:
European Union, United Kingdom
Firm:
Dentons
View Original Article
Chapter 15 Recognition Limited to Foreign Insolvency, Liquidation, or Restructuring Proceedings
2023-03-30

In In re Global Cord Blood Corp., 2022 WL 17478530 (Bankr. S.D.N.Y. Dec. 5, 2022), the U.S. Bankruptcy Court for the Southern District of New York denied without prejudice a petition filed by the joint provisional liquidators for recognition of a "winding-up" proceeding commenced under Cayman Islands law.

Filed under:
USA, Compliance Management, Insolvency & Restructuring, Litigation, Jones Day, Corporate governance, Mediation, Articles of association, Insolvency, UNCITRAL
Authors:
Corinne Ball , Dan T. Moss , Michael C. Schneidereit , Isel M. Perez , Mark G. Douglas
Location:
USA
Firm:
Jones Day
View Original Article
Foreign Representative's Failure to Communicate with Bankruptcy Court Warrants Closure of Chapter 15 Case
2023-03-30

Like debtors, bankruptcy trustees, official committees, examiners, and estate-compensated professionals, foreign representatives in chapter 15 cases have statutory reporting obligations to the bankruptcy court and other stakeholders as required by the plain language of the Bankruptcy Code. Such duties include the obligation to keep the U.S. bankruptcy court promptly informed of changes in either the status of the debtor's foreign bankruptcy case or the status of the foreign representative's appointment in that case. Furthermore, chapter 15 provides a U.S.

Filed under:
USA, Insolvency & Restructuring, Litigation, Jones Day, Insolvency, UNCITRAL
Authors:
Corinne Ball , Dan T. Moss , Michael C. Schneidereit , Isel M. Perez , Mark G. Douglas
Location:
USA
Firm:
Jones Day
View Original Article
Sequana: Directors' Duties in a Distressed Landscape
2023-02-02

In Short

The Situation: Directors in England and Wales owe duties to the companies to which they are appointed (and may face personal liability for breaching such duties). Although the Companies Act 2006 obliges directors to maximise value for a company's shareholders, case law has suggested that directors should act in the interests of a company's creditors if a company becomes distressed.

Filed under:
United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Jones Day, Insolvency
Authors:
David Harding , Ben Larkin
Location:
United Kingdom
Firm:
Jones Day
View Original Article
German D&O insurers avoid coverage of directors' liabilities in insolvencies
2023-03-16

Under German law, company directors have a statutory duty to file for insolvency once the company has become insolvent or over-indebted. Company directors can be held personally liable for any payments they make after that point of time unless they prove that they exercised reasonable care, skill and diligence. After the German Federal Court of Justice (Bundesgerichtshof) clarified that standard terms and conditions of German D&O insurance contracts cover this directors’ liability, many D&O insurers have tried to find new ways to avoid their coverage.

Filed under:
Germany, Company & Commercial, Insolvency & Restructuring, Insurance, Litigation, Taylor Wessing, Insolvency, Federal Court of Justice
Authors:
Leopold Bauer
Location:
Germany
Firm:
Taylor Wessing
View Original Article
HSBC's acquisition of Silicon Valley Bank UK
2023-03-15

After a turbulent weekend, the news on Monday morning that HSBC had acquired Silicon Valley Bank UK (SVB UK) caused the UK tech community to breathe a huge sigh of relief.

It was also a very different outcome to the one that seemed destined on Friday when the Bank of England announced it intended to put SVB UK into a bank insolvency procedure.

Filed under:
United Kingdom, Banking, Corporate Finance/M&A, Insolvency & Restructuring, Litigation, Taylor Wessing, Insolvency, HSBC, Bank of England, Silicon Valley Bank
Authors:
Gabriel Estevez , Angus Miln
Location:
United Kingdom
Firm:
Taylor Wessing
View Original Article
Significant insolvent trading decision in the UK Supreme Court - creditors' interests in the twilight zone
2022-10-11

The United Kingdom Supreme Court has just released an important insolvency judgment in BTI 2014 LLC v Sequana SA [2022] UKSC 25 (Sequana), which concerns when and the extent to which directors of a company must consider the interests of creditors.

Filed under:
New Zealand, United Kingdom, Company & Commercial, Insolvency & Restructuring, Litigation, Buddle Findlay, Insolvency, UK Supreme Court
Authors:
Scott Barker , Luke Sizer
Location:
New Zealand, United Kingdom
Firm:
Buddle Findlay
View Original Article

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